Case Note & Summary
The petitioner, Suresh Varpudkar, filed a writ petition challenging an order dated 23.03.2015 passed by the District Cooperative Election Officer, which directed deletion of his name from the final voters list for the election to the Managing Committee of Parbhani District Central Cooperative Bank. The petitioner was a member of Savta Mali Shetkari Dhanya Adhikosh Sahkari Sanstha Maryadit, a primary society. The society adopted a resolution on 05.02.2015 to amend its byelaws to extend its area of operation to include villages Pedgaon and Panhera. The amendment was approved by the Assistant Registrar on 24.02.2015 under Section 13(1) of the Maharashtra Cooperative Societies Act. Consequently, the petitioner, a resident of Pedgaon, was nominated as a delegate of the society for the bank election. His name appeared in the provisional voters list published on 02.03.2015. Respondents 3 and 4 objected, claiming the petitioner was not a resident of the society's original area of operation (Bhogaon Sable). The Election Officer upheld the objection and deleted the petitioner's name. The High Court held that the Election Officer had no jurisdiction to go behind the approved byelaws. Once the byelaws were amended and approved, the society's area of operation included Pedgaon, and the petitioner was entitled to be a member and nominee. The court quashed the impugned order and directed the Election Officer to include the petitioner's name in the final voters list. The petition was allowed with no order as to costs.
Headnote
A) Cooperative Societies - Election - Voter List - Deletion of Name - Amendment of Byelaws - Section 13 Maharashtra Cooperative Societies Act, 1960 - The petitioner's name was included in the provisional voters list based on a resolution of the primary society extending its area of operation, which was approved by the Assistant Registrar under Section 13(1). The Election Officer deleted the name on objection that the petitioner was not a resident of the original area. The High Court held that once the byelaws are amended and approved, the society's area of operation stands extended, and the petitioner, being a resident of the extended area, is entitled to be a member and nominee. The Election Officer exceeded jurisdiction by going behind the approved byelaws. (Paras 3-6)
Issue of Consideration
Whether the District Cooperative Election Officer could delete the petitioner's name from the final voters list on the ground that the petitioner was not a resident of the society's original area of operation, despite the byelaws having been amended to extend the area of operation to include the petitioner's village.
Final Decision
The High Court allowed the petition, quashed the order dated 23.03.2015 passed by the District Cooperative Election Officer, and directed the Election Officer to include the petitioner's name in the final voters list. Rule made absolute with no order as to costs.
Law Points
- Cooperative Societies
- Election
- Voter List
- Byelaws Amendment
- Area of Operation
- Section 13 Maharashtra Cooperative Societies Act
