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Bombay High Court

AMAR SAHAKARI MAJUR SANSTHA LTD AND ANRversusSTATE CO-OPERATIVE ELECTION AUTHORITY AND ORS

Disposal
Disposed Off

Holding

The court held that no interference in the election process is permissible at this advanced stage, and the petitioners’ exclusion from the provisional voters’ list stands.

Summary

The petitioners, members of a cooperative society, challenged a July 20, 2026 order of the Returning Officer that excluded their names from the provisional voters’ list for the upcoming cooperative election. They argued that they had previously been included after objections were sustained in 2022 and that their exclusion, based on a cut‑off date, was illegal and would not prejudice the election. The respondents contended that the election programme was at an advanced stage, with polling scheduled for September 5, 2026, and that any alteration to the voters’ list would disrupt the process. The court noted that the final voters’ list and nomination schedule had already been set and that the petitioners had delayed filing their writs without justification. Consequently, the court held that interference at this late stage would cause prejudice and dismissed the writ petitions.

Issues considered

  • Whether the exclusion of the petitioners from the provisional voters’ list, based on the cut‑off date, is legally valid.
  • Whether the court can intervene in the election process at such a late stage to include the petitioners.

Subjects

  • Cooperative Society Election
  • Provisional Voters List
  • Cut‑off Date
  • Election Programme
  • Writ Petition
  • Judicial Intervention

Judgment

                                                                                 906-4313-2026-C=.doc



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

                                              WRIT PETITION NO. 4313 OF 2026
          Digitally
          signed by        Amar Sahakari Majur Sanstha Ltd And Anr             … Petitioners
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP
                                        Vs.
JAGTAP    Date:
          2026.09.02
          19:12:25
          +0530        State Co-Operative Election Authority And Ors.          ... Respondents

                                                     WITH
                                       WRIT PETITION NO. 4314 OF 2026
                       Anisa Khan Kamgar Majur Sahakari Sanstha Ltd  … Petitioners
                                        Vs.
                       State Co-Operative Election Authority And Ors.          ... Respondents

                                                         WITH
                                      WRIT PETITION (ST.) NO. 8035 OF 2026
                       Shri Ram Samarth Khan Kamgar Majur Sahakari      … Petitioners
                       Sanstha Ltd. Thr. Secretary Bajrang Chinnappa
                       Shingare
                                        Vs.
                       State Co-Operative Election Authority And Ors.          ... Respondents

                                                       ………….
                       Mr. Rugwed R. Kinkar for the Petitioners
                       Mr. Ruturaj P. Pawar for Respondent Nos. 1 and 2.
                       Mr. Shrikrishna Ganbavale a/w Shantanu Patil, Prithviraj Raorane,
                       Ashirwad Kolekar, Kunal Nalawade for Respondent No.3.
                                                       ………….
                                                        CORAM : SHAILESH P. BRAHME, J.

                                                        DATE       : 2nd SEPTEMBER, 2026.
                       P. C. :

                       .         Heard both sides.




                       Uday S. Jagtap                     1 of 4
                                                             906-4313-2026-C=.doc



2.       The petitioners are challenging order passed on 20.07.2026 by the

Returning Officer overruling their objections for inclusion of their names

in the provisional voters’ list.      Learned counsel for the petitioners has

vehemently argued that the petitioners were the members of the

respondent no.3 – Federation and had participated in the previous

election conducted in 2022.           They were required to approach the

Returning Officer against their illegal omission in the provisional voters’

list and the objections were sustained by order dated 17.01.2022.

Thereafter their names were included and they have participated. This

time also they are excluded from the provisional voters’ list on the

premise that the enrollment was subsequent to the cut of date fixed by

the respondents. The reasons assigned for overruling the objection is

stated to be ex facie illegal. It is submitted that no prejudice would be

caused either to the election process or to the stake holders if they are

still included in the voters’ list.

3.       Learned counsel Mr. Pawar appearing for respondent nos.1 and 2

has placed on record Election Programme to buttress that polling is

scheduled to be held on 05.09.2026 and it would not be practicable to

interfere in the impugned order so as to include the petitioners in the

voters’ list.




Uday S. Jagtap                        2 of 4
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4.       Learned counsel Mr. Ganbavale appearing for respondent no.3

would submit that there is a genuine reason for exclusion of the

petitioners in the provisional voters’ list. They were not the members on

the cut of date. Their entitlement to be the members of the society is

seriously disputed.          It is further pointed out that couple of primary

societies had approached the Division Bench for inclusion of their names

but they were unsuccessful. Thereafter they had approached Apex Court

but could not secure any orders. The petitioners are taking chances and

the petitions cannot be entertained at the fag end of the election process.

It is further submitted that there are 32 similarly situated societies whose

objections are overruled and any indulgence in favour of the petitioners

would likely to give cause of action for those societies to approach this

Court, which will hamper the election process.

5.       My attention is adverted to the Election programme which is

tendered by Mr. Pawar, learned counsel for respondent nos. 1 and 2 on

record.          The final voters’ list had already been prepared long back. The

time for submission of the nomination was from 03.08.2026 to

07.08.2026.            The scrutiny of the nomination was scheduled on

10.08.2026.            Thereafter, list of valid nominees was published on

11.08.2026. The time for withdrawal of the nomination was upto

25.08.2026. The symbol was distributed on 27.08.2026. Polling is fixed


Uday S. Jagtap                          3 of 4
                                                           906-4313-2026-C=.doc



on 05.09.2026 and the counting and result on the same date.               The

election programme is virtually at the final stages. No interference at this

stage of proceeding is permissible.

6.       The impugned order is passed on 20.07.2026 and the petitions are

filed on or about 27.08.2026. The petitioners have not explained as to

why they did not promptly approach this Court after receiving the

impugned order.

7.       I am not inclined to cause any interference in the election process

or grant any relief to the petitioners under above circumstances.          No

case is made out. As the polling is fixed on 05.09.2026, any indulgence

at this stage of the proceedings is likely to cause prejudice to the

respondents or the stake holders.

8.       The Writ Petitions are dismissed.

9.       The petitioners shall be at liberty to raise grievance, as is

permissible in law.



                                             ( SHAILESH P. BRAHME, J. )




Uday S. Jagtap                      4 of 4


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