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- Disposed off as Withdrawn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The writ petition is permitted to be withdrawn, and the petitioner may seek redress by approaching the Election Officer under Rule 11(2).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- Whether the writ petition challenging the communication dated 13‑08‑2026 may be withdrawn.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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