JALINDAR TUKARAM KHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these petitions raise common questions of fact and law, hence, are being decided by this common judgment.

(2.) At the stage of preparation of a provisional voters list for elections to the managing committee of a federal society, whether the federal society has any authority to decide on the legality of the membership of a member nominated/appointed by its member society so as to not include him in the provisional voters list, is the issue which falls for consideration in these petitions. In the present case the federal society is the Satara District Central Co-operative Bank Ltd. (for short 'the bank ')- respondent no.4 in both the petitions.

(3.) The challenge in these two petitions is to two similar orders both dated 20 September 2021 passed by the 'District Co-operative Society Election Officer and the Divisional Joint Registrar Co-operative Societies', Kolhapur Division, Kolhapur, arrayed as respondent no.3 (for short 'the Election Officer '), who has held that the non- inclusion/ deletion of respondent no.5 in the first petition namely of Shri.Jaikumar Bhagwanrao Gore being a nominee of respondent no.6-Kailasvasi Gorakhnath Panipuravatha Sahakari Sanstha Maryadit, Varkute, Malavadi, Taluka Man, District Satara, and the non-inclusion/deletion of Respondent No.5, in the second writ petition namely of Shri. Ranjeetsinha Hindurao Naik-Nimbalkar, nominee of Shri.Sant Sawatamali Pani Puravatha Sahakari Sanstha Maryadit Varkute, Malavdi, Taluka-Man, District Satara, is an act of the federal society -the bank without jurisdiction. By the impugned order, the Election Officer has upheld the objections, raised by the said nominees of these primary societies against the non-inclusion/deletion of their names from the provisional voters list, as forwarded by the bank and published by the Election Officer and has directed the inclusion of their names in the final voters list.