Bombay High Court

VIKAS RATNA DILIPRAO MANE VIVIDH KARYAKARI SEVA SAHAKARI SOC LTD AND ANR.versusSTATE OF MAHARASHTRA THR DEPT OF CO OPERATION AND ORS

Disposal: Disposed Off
Bench: MILIND N JADHAV NANDESH SHANKARRAO DESHPANDE

Holding

The court held that the State Co-operative Election Authority must declare the election programme within two weeks of the order.

Summary

The petitioners, a cooperative society, sought a direction for the State Co-operative Election Authority to declare the election programme after the Administrator deposited the statutory amount. The court noted that the Administrator had been in office for nearly ten years, creating urgency for a prompt election. Relying on Sections 73(c)(b) and 73(c)(c) of the Maharashtra Co-operative Societies Act, 1960, the court directed the authority to declare the programme within two weeks of receiving the order. The direction was intended to ensure the election is conducted expeditiously. Consequently, the writ petition was disposed.

Issues considered

Whether the State Co-operative Election Authority must declare the election programme under the Maharashtra Co-operative Societies Act after the Administrator has deposited the statutory amount
Whether the delay in conducting the election violates the cooperative society's statutory rights

Legislation cited

Maharashtra Co-operative Societies Act, 1960 — s. 73(c)(b), 73(c)(c)

Subjects

cooperative society
election programme
statutory compliance
writ petition
administrative delay

Judgment

1.WP.11270.2025.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 11270 OF 2025

Vikas-Ratna Diliprao Mane Vividh Karyakari
Seva Sahakari Society Ltd. And Anr. .. Petitioners
Versus
State of Maharashtra and Ors. .. Respondents

....................
 Mr. Abhijit Kulkarni a/w. Mr. Abhay A. Jadhavar, Advocates for
Petitioners.
 Mr. Vikas M. Mali, AGP for Respondent – State.
......…...........

CORAM : MILIND N. JADHAV &
NANDESH S. DESHPANDE, JJ.
DATE : JULY 31, 2026.

P.C.:

1. Heard Mr. Kulkarni, learned Advocate for Petitioners and

Mr. Mali, learned AGP for Respondent - State.

2. In the present Writ Petition, it is seen that the Administrator

has already deposited the statutory amount for conducting the

election. We therefore direct Respondent No.5 – State Co-operative

Election Authority to declare the election programme in accordance

with the powers conferred upon it under Section 73(c)(b) read with

Section 73(c)(c) of the Maharashtra Co-operative Societies Act, 1960

within a period of two weeks from the date of receipt of a server copy

of this order.

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1.WP.11270.2025.doc

3. This order is passed in the interest of ensuring that the

election is carried out as expeditiously as possible in view of the fact

that the Administrator has continued in office for almost one decade.

4. In view of the above, Writ Petition is disposed.

[ NANDESH S. DESHPANDE, J. ] [ MILIND N. JADHAV, J. ]

Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.07.31
18:00:18 +0530

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