SHRI DATTA SAHAKARI DUDH VYAVSAYIK SANSTHA MARYADIT THR. CHAIRMAN AND ORS.versusTHE STATE OF MAHARASHTRA THR. SECRETARY DEPT. OF CO OPERATION AND ORS.

                                                   902-WP-3973-2026 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 3973 OF 2026

Shri Datta Sahakari Dudh Vyavsayik Sanstha
Maryadit Thr. Chairman And Ors.                            ...Petitioners
      Versus
The State Of Maharashtra Thr. Secretary
Dept. Of Co Operation And Ors.                             ...Respondents

                                  …..
Adv. S. S. Patwardhan a/w Adv. Bhooshan Mandlik and Adv. Ajay
RajeNimbalkar and Adv. Shivam M. Walekar, for Petitioners.
Mr. Yuvraj Narvankar a/w Adv. Dheeraj Patil, for the Applicant in IA(st)
No.7472 of 2026.
Adv. Drupad S. Patil a/w Adv. Rajvardhan S. Chougule, for Applicant in
IA(st) No.7477 of 2026.
Smt. Neha Bhide, Government Pleader a/w Mr. Sanjay D. Rayrikar, AGP
for the Respondent Nos.1, 2 and 4-State.
Adv. Dilip Bodake a/w Adv. Amar P. Dhumal, Adv. Viraj P. Dhumal and
Adv. Pruthviraj M. Dagade, for Respondent Nos.3 and 6.

                                       …..


                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE   : 18th AUGUST, 2026.

P.C. :

           Heard the contesting parties.

2.         The respondent Nos.3 and 6 have filed affidavit in reply. The

respondent No.5 Federation Sangh is not a contesting party to decide

the controversy involved in the petition. It is informed by the counsel




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appearing for the petitioners that the respondent No.5 has been served

by private mode of service. The petition can be decided finally by

considering the exigency in the matter.

3.         At the outset, it has to be noted that the election process of the

respondent No.5 Federation has to be completed by 10.10.2026 as per

the direction of the Hon’ble Apex Court.

4.         Considering the self-same exigency, this Court had occasion to

deal with petitions of 194 primary societies by final judgment and order

dated 12.08.2026, quashing final order of liquidations. The petitioner

was also one of them having Writ Petition No.2797 of 2026 in the said

group. The interim relief was granted in favour of the petitioner in that

group on 01.07.2026, which was further continued. By final judgment

dated 12.08.2026, the order appointing liquidator was quashed.

5.         The petitioner is assailing order dated 11.08.2026 passed by the

respondent No.3, refusing to include the petitioner in the provisional

voter list on the ground that it stood liquidated vide order dated 15-6-

2026. Before passing the order, show cause notice was issued on 10-7-

2026 and hearing was conducted on 16-7-2026. In pursuance of the

hearing, impugned order was passed.

6.         The order passed by respondent No.3 on 11.08.2026 declaring

the election program is placed on record. The date for publishing the

provisional voter list is 12.08.2026. From 12.08.2026 to 21.08.2026 is




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the duration for submitting the objections or claims for the provisional

voter list. The objections and the claims are scheduled to be rendered

on 31.08.2026. The final voters' list is to be published on 04.09.2026.

7.         Learned counsel for the petitioners submits that impugned order

is in brazen defiance of the interim orders passed on 01.07.2026 and

the judgment and order passed by this Court on 12.08.2026. It is

submitted that the show cause notice was replied and relevant

documents were placed on record before the competent authority to

show that one of the resolutions submitted by the petitioner was

withdrawn. There was only one resolution nominating only petitioner

No.2 to represent for the petitioner cooperative society. It is submitted

that the name of the petitioner's society was included in the provisional

voter list which was submitted on or about 26.02.2026. The exercise

undertaken by the respondent No.3 in issuing show cause notice to the

petitioner and excluding it from the provisional voter list is without

jurisdiction. It is further submitted that interference at the hands of this

court is permissible without disturbing the election process or staying

the election process.

8.         Learned counsel Mr. Bodake appearing for the respondent Nos.3

and 6 would rely upon affidavit in reply. He would submit that inquiry

conducted by the authority in which the impugned order is passed is

summary in nature. The present petition is premature. The petitioner




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can raise objection in respect of inclusion of its name in the provisional

voter list. The interim orders passed in favor by High Court in Writ

Petition Number 2797 of 2026 would not enure to the benefits of the

petitioner. Final order was passed by High Court subsequently. It is

further submitted that petitioner suo-moto submitted application and

more than one resolutions and the fault can be attributed to it. It is

further submitted that no proper procedure was followed by the

petitioner for withdrawal of one of the resolutions.

9.          Learned AGP, Ms. Bhide, appearing for the respondent Nos.1, 2,

and 4 adopts the submissions of counsel Mr. Bodke. In addition to that,

she would submit that the election process has commenced and it may

not be interrupted by any interim orders to be passed in the petition. It

is submitted that the entire process has to be completed by 10.10.2026

as per the directions of the Apex Court. Any interference by this Court

at this stage of the proceeding would protract the process and it would

be difficult for the respondents to carry on various stages of the process

in smooth manner.

10.          Two applications for the interventions have been filed by the

primary cooperative societies mainly objecting the interim relief of

inclusion of the petitioner in the provisional voter list. I am not inclined

to consider those applications. Those applicants are not necessary or

affected parties to the proceedings. They had no role to play in the




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impugned order. The applicants would be at liberty to raise their

grievance against the petitioner or the authorities as is permissible in

law. Both interim applications are disposed of.

11.         It transpires from record that on 26.02.2026, respondent No.5

Federation Sangh addressed a letter to the respondent No.3 submitting

provisional list of voters. The provisional list of voters could not be

submitted in earlier point of time because of order dated 05.12.2025.

The order passed on 05.12.2025 stood revoked by further order dated

24.02.2026. The petitioner was included in the provisional voter list

submitted by the respondent No.5.

12.         The petitioner had filed Writ Petition No.2797 of 2026

challenging final order of winding up passed on 15.06.2026. Initially

interim relief in terms of prayer Clause 'b' was granted on 01.07.2026.

Thereafter, similarly situated petitions were heard and finally decided

on 12.08.2026, thereby quashing the final order of appointment of

liquidator passed by respondent. From 01.07.2026, interim relief was

operating in favour of the petitioner and the order of appointment of

liquidator was under abeyance.

13.         The show cause notice issued on 10.07.2026 reveals that the

petitioner was called upon to submit the documents and explain as to

how two resolutions were submitted on its behalf. In response to the

notice, the documents were submitted and hearing was conducted on




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16.07.2026. It reveals from the record that one of the resolutions

nominating the petitioner No.2 – Yuvraj Balwant Rhayakar was

withdrawn. The application submitted by one of the nominees and the

affidavit would corroborate that only one resolution remained in field

nominating the petitioner No.3

14.         On 11.08.2026 respondent No.3 passed order declaring that the

petitioner cannot be included in the provisional voter list for the

election of the year 2026-203, on the ground of order of winding up

passed on 15.06.2026. Surprisingly, the petitioner was not called upon

to satisfy on the said ground. The ground on which the show cause

notice was issued and the inquiry was conducted is not mentioned as

the ground for exclusion. It is overlooked that the petitioner was armed

with interim relief passed on 01.07.2026. Though final judgment and

order was not available on the date of declaration of impugned order,

interim orders were in operation. The impugned order is ex-facie illegal.

15.         The petitioner was included in provisional list. There was no

objection raised to its inclusion. The stage of raising objection was yet

to come. It is incomprehensible as to why show cause notice was issued

on 10.07.2026. The exercise undertaken by the respondent number 3 is

thoroughly without jurisdiction. The inclusion would have been

susceptible to the objection as per Rule 11 of Rules of 2014.




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16.         I have gone through paragraph Nos.10 and 11 of the reply filed

by the respondent Nos.3 and 6. I do not find that any convincing

grounds for excluding the petitioner from the provisional voter list. I

find that impugned order is unsustainable and liable to be quashed. The

respondents have raised objection for causing any interference in the

election process. The objection is mainly for grant of any relief of

inclusion of the petitioner in the provisional voter list.

17.         I have gone through the judgment of the Apex Court in the case

of Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari

Dugdha Utpadak Sanstha & Anr. Versus State of Maharashtra & Ors. 1and

especially paragraph No.12. The predominant prohibition stipulated by

the Apex Court is for staying the continuation of the election process

even though there might be some alleged illegality or breach of rules

while preparing the electoral roll. I am of the considered view that

without staying the election process, the intervention of this court in

this matter is possible and permissible.

18.         Further reliance is placed on the subsequent views taken by the

Apex Court in case of Pundlik Versus State of Maharashtra & Ors. 2.

Following is the relevant paragraph :



               “9. We are unable to uphold the contention. In Sant Sadguru
               Janardan a Swami this Court had an occasion to consider the
               relevant provisions of the Act and the Rules. Referring to

1   (2001) 8 SCC 509.
2   (2005) 7 SCC 181.



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               Section 144-X of the Act, the Court observed that preparation of
               list of voters is one of the stages of election. It is true that
               according to this Court, normally the High Court would not
               interfere in exercise of powers under Article 226 of the
               Constitution at the stage of preparation of list of voters but such
               action must be in accordance with law.”



19.         Normally this Court would not have interfered in the process of

election at the stage of preparation of list of voters. But I have already

recorded that impugned action is ex-facie illegal and without

jurisdiction and against interim orders passed by this Court.

20.         Further reliance is placed on the judgment of Division Bench in

case of Karbhari Maruti Agawan & Ors. Versus State of Maharashtra &

Ors.. I have gone through paragraph Nos. 10 to 12 of the judgment

which would support the petitioner. I do not find any legal impediment

in granting relief to the petitioner.

21.         At the cost of repetition, it has to be observed that impugned

order is in brazen defiance of the observations recorded by this Court in

paragraph Nos.15, 32 and 45 of the common judgment dated

12.08.2026. The respondent No.3 has conveniently overlooked the

interim orders which were in operation and committed undue haste in

passing order on 11.08.2026. There is a room to infer that the undue

haste is not without purpose or motive. The authority i.e. respondent

No.3 was party to Writ Petition No.2797 of 2026.

22.         For the reasons stated hereinabove, I pass following order:




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                                    ::ORDER::

A.         The order dated 11 August 2026 passed by respondent number 3

Divisional Deputy Registrar shall stand quashed and set aside.

B.         The name of the petitioner No.1 shall be restored in the

provisional voter list or it shall be included in the provisional voter list.

C.         The objection, if any, raised to inclusion of the petitioner in the

provisional voters list shall be dealt with in accordance with law.

D.         Accordingly, the Writ petition is disposed of.



                                                  [ SHAILESH P. BRAHME, J.]




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