Case Note & Summary
The petitioners, Babasaheb Bapusaheb Patil and others, filed a writ petition challenging the final voters' list published on 20 January 2015 by respondent No.4 society, which deleted 804 members from the list. They sought a declaration that the final list was illegal and prayed for republishing a revised list including those members. They also sought to stay the election process declared on 13 January 2015. The respondent No.4 raised a preliminary objection that the petitioners lacked locus standi because their names were already included in the final voters' list. The court examined the objection and noted that the petitioners' names appeared in the final list: Petitioner No.1 at Sr. No.8, Petitioner No.3 at Sr. No.20 in the Supplementary List, and Petitioner No.2 at Sr. No.286 shown as a defaulter. The court held that since the petitioners' names were included, they had no grievance and thus no locus standi to challenge the deletion of other members. The petition was dismissed with no order as to costs.
Headnote
A) Cooperative Law - Locus Standi - Challenge to Voters' List - Maharashtra Cooperative Societies Act, 1960 - Petitioners whose names were included in the final voters' list challenged the deletion of other 804 members - Held that petitioners have no locus standi to maintain the petition as their names were already included in the final list published on 20.01.2015 (Paras 3-5).
Issue of Consideration
Whether the petitioners have locus standi to challenge the deletion of other members from the voters' list when their own names are included in the final list.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Locus standi
- Cooperative societies election
- Voters' list challenge
Case Details
2015 LawText (BOM) (02) 98
WRIT PETITION (ST.) NO.2996 OF 2015
Mr. Prajakt M. Arjunwadkar (for petitioners), Mr. S.D. Rayrikar, AGP (for respondent Nos. 1 and 2), Mr. C.G. Gavnekar a/w Mr. Suhas Deokar (for respondent No.4)
Babasaheb Bapusaheb Patil and ors.
The State of Maharashtra and ors.
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Nature of Litigation
Writ petition challenging the final voters' list of a cooperative society and seeking stay of election process.
Remedy Sought
Declaration that final voters' list published on 20 January 2015 is illegal; direction to republish revised list including 804 deleted members; stay of election programme declared on 13 January 2015.
Filing Reason
Petitioners objected to their exclusion from voters' list but their names were included; they challenged deletion of other 804 members.
Previous Decisions
Returning Officer/respondent No.4 considered and accepted petitioners' objection regarding their exclusion in view of the Maharashtra Cooperative Societies Act, 1960.
Issues
Whether the petitioners have locus standi to challenge the deletion of other members from the voters' list when their own names are included in the final list.
Submissions/Arguments
Petitioners argued that the final voters' list deleting 804 members is illegal and bad in law.
Respondent No.4 raised preliminary objection that petitioners have no locus standi as their names are already included in the final list.
Ratio Decidendi
A person whose name is included in the final voters' list has no locus standi to challenge the deletion of other members from the list.
Judgment Excerpts
The petitioners' objection to their exclusion in the voters' list of the society respondent No.4 have been considered/accepted by the Returning Officer respondent No.4, in view of the provisions of the Maharashtra Cooperative Societies Act, 1960.
This Respondent further states that the Petitioners have no locus to maintain this petition as the names of the 3 Petitioners are already included in Final Voters List published on 20.01.2015
Procedural History
Petitioners filed writ petition challenging final voters' list published on 20 January 2015. Respondent No.4 filed affidavit dated 10 February 2015 raising preliminary objection on locus standi. Heard finally by consent on 11 February 2015.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960:
