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Bombay High Court

WATHAR BUDRUK VIVIDH KARYAKARI SEVA SAHAKARI SOCIETY LTD. THR. CHAIRMANversusTHE STATE OF MAHARASHTRA THR. CO OPERATIVE DEPT. AND ORS.

Disposal
Disposed off as Withdrawn

Holding

The writ petition is permitted to be withdrawn, and the petitioner may seek redress by approaching the Election Officer under Rule 11(2).

Summary

The Wathar Budruk Vividh Karyakari Seva Sahakari Society filed a writ petition challenging a communication dated 13‑08‑2026 that affected its inclusion in the provisional voters’ list for a cooperative society election. The petitioner sought to withdraw the petition and instead approach the Election Officer under Rule 11(2) of the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014 to raise objections. Respondents argued that any objections would be dealt with according to law. The Court allowed the withdrawal of the writ petition and granted the petitioner liberty to seek redress under the specified rule, holding that the communication would not impede such a remedy. Consequently, the petition was dismissed without prejudice, permitting the petitioner to pursue the matter before the Election Officer.

Issues considered

  • Whether the writ petition challenging the communication dated 13‑08‑2026 may be withdrawn.
  • Whether the petitioner is entitled to approach the Election Officer under Rule 11(2) of the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014 to raise objections to its inclusion in the provisional voters’ list.

Legislation cited

Subjects

  • writ petition
  • withdrawal
  • cooperative societies
  • election law
  • provisional voters list
  • Rule 11
  • Maharashtra

Judgment

                                                                                  902-3997-2026-WP=.doc



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

                                              WRIT PETITION NO. 3997 OF 2026
          Digitally
          signed by
          UDAY
                       Wathar Budruk Vividh Karyakari Seva Sahakari              … Petitioner
UDAY      SHIVAJI
SHIVAJI   JAGTAP       Society Ltd.
JAGTAP    Date:
          2026.08.20
          14:42:32
          +0530                         Vs.
                       The State of Maharashtra & Ors.                           … Respondents
                                                         ………….
                       Mr. Kalpesh U. Patil for the Petitioner
                       Mr. Ruturaj Pawar for Respondent Nos. 2 to 4
                       Mr. J.P. Patil, AGP for Respondent No.1 - State
                                                         ………….
                                                        CORAM : SHAILESH P. BRAHME, J.

                                                        DATE         : 19th AUGUST, 2026.
                       P. C. :

                       .         Heard.

                       2.        Learned counsel for the petitioner seeks to withdraw the writ

                       petition, which raises a challenge to communication dated 13.08.2026.

                       3.        Learned counsel Mr. Kalpesh Patil seeks liberty to approach the

                       Election Officer under Rule 11(2) the Maharashtra Cooperative Societies

                       (Election to Committee) Rules, 2014 agitating the objections for inclusion

                       of the petitioner society in the provisional voters’ list.      The election

                       programme is also placed on record which stipulates 18.08.2026 as a

                       date for declaration of provisional voters’ list and period of 18.08.2026 to

                       27.08.2026 for raising objections.

                       Uday S. Jagtap                       1 of 2
                                                          902-3997-2026-WP=.doc



4.       Mr. Pawar, learned counsel for respondent nos. 2 to 4 submits that

if the objections are raised that will be dealt with in accordance with law.

5.       The Writ Petition is permitted to be withdrawn with liberty to the

petitioner to seek redressal by approaching Election Officer under Rule

11 Sub-Rule (2) and the communication dated 13.08.2026 shall not be

an impediment.



                                            ( SHAILESH P. BRAHME, J. )




Uday S. Jagtap                     2 of 2


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