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Bombay High Court

VITTHALAI SAHAKARI DUDH VYAVSAYIK SANSTHA MARYADIT CHAVANWADI (GHANAVADE) AND ORS 293versusTHE STATE OF MAHARASHTRA THR SECRETARY, DEPT. OF COOPERATION AND ORAS

Disposal
Allowed

Holding

The Court held that the petitioners are entitled to the benefit of Rule 10(4) of the Maharashtra Cooperative Societies (Election to Committees) Rule 2014, granting relief in the specified petitions and dismissing the others.

Summary

Several cooperative dairy societies filed writ petitions challenging actions of the State of Maharashtra under the Maharashtra Cooperative Societies (Election to Committees) Rule 2014. The High Court examined whether the petitioners were entitled to relief under Rule 10(4) of that rule and whether the State's actions violated cooperative law. The Court granted relief in four of the petitions, making the rule absolute in favour of those petitioners. It dismissed the remaining two petitions but clarified that the dismissed petitioners could still avail the benefit of Rule 10(4) despite the dismissal. The operative order directed the parties to act on the authenticated copy of the judgment.

Issues considered

  • Whether the petitioners are entitled to relief under Rule 10(4) of the Maharashtra Cooperative Societies (Election to Committees) Rule 2014.
  • Whether the actions of the State of Maharashtra contravene the provisions of the Maharashtra Cooperative Societies Act.

Legislation cited

Subjects

  • cooperative societies
  • writ petition
  • election to committees
  • Rule 10(4)
  • Maharashtra
  • state government
  • relief

Judgment

                    1                    901 to 903 wp 4341.26

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

      901 WRIT PETITION NO. 4341 OF 2026

  Vithlai Mahila Sahkari Dudh
  Vyavsayik Sanstha Maryadit,
  Karanjphen and others                  ..   Petitioners
        Versus
  The State of Maharashtra, through
  Secretary, Department of Cooperation
  and others                             ..   Respondents

                   WITH
  501 WRIT PETITION STAMP NO. 8162 OF 2026

  K. P. Charapale Sahkari Dudh
  Vyavsayik Sanstha Maryadit,
  and others                             ..   Petitioners
        Versus
  The State of Maharashtra, through
  Secretary, Department of Cooperation
  and others                             ..   Respondents

                    AND
      902 WRIT PETITION NO. 4342 OF 2026

  Jijamata Mahila Sahkari Dudh
  Vyavsayik Sanstha and others           ..   Petitioners
        Versus
  The State of Maharashtra, through
  Secretary, Department of Cooperation
  and others                             ..   Respondents

                   WITH
  503 WRIT PETITION STAMP NO. 8166 OF 2026

  Panchaleshwar Mahila Sahkari Dudh
  Vyavsayik Sanstha Maryadit, Pachgaon
                       2                    901 to 903 wp 4341.26

     and others                             ..   Petitioners
           Versus
     The State of Maharashtra, through
     Secretary, Department of Cooperation
     and others                             ..   Respondents

                        AND
          903 WRIT PETITION NO. 4343 OF 2026

     Vitthalai Sahkari Dudh Vyavsayik
     Sanstha Maryadit Chavanwadi
     (Ghanavade) and others                 ..   Petitioners
           Versus
     The State of Maharashtra, through
     Secretary, Department of Cooperation
     and others                             ..   Respondents

                       WITH
      502 WRIT PETITION STAMP NO. 8163 OF 2026

     Shri Mahalaxmi Mahila Sahkari
     Dudh Vyavsayik Sanstha Maryadit,
     and others                             ..   Petitioners
           Versus
     The State of Maharashtra, through
     Secretary, Department of Cooperation
     and others                             ..   Respondents

Appearance in Sr. No. 901   and    501

Shri S. S. Patwardhan Advocate a/w Shri Bhooshan Mandlik a/w
Prabhodh Patil a/w Ajay RajeNimbalkar a/w Shivam M Walekar
a/w Ms. Sumeeta Jankar for Petitioners
Smt Neha Bhide, Govt. Pleader a/w Shri R P Kadam, B Panel
Counsel for Respondent No 1 & 2.
Shri Pralhad Pranjape, Advocate a/w Saket S Tare I/b Dilip
Bodake a/w Sharad Bhosale a/w Amar Dhumal a/w Viraj Dhumal
Advocates for Respondent No 3 & 6.
Shri Manoj Patil, Advocate a/w Siddhesh Kadam for Respondent
                        3                    901 to 903 wp 4341.26

5.
Shri N V Walawalkar, Senior Counsel a/w Shri Rajvardhan S.
Chougule for Respondent No 7

Sr. No. 501
Adv Chetan Patil a/w Dhairyashil Pawar for Petitioners.
Shri J. P. Patil, A.G.P. for the Respondent Nos. 1, 2 and 4.
Shri Dilip Bodake, Advocate for the Respondent Nos. 3 and 6.
Adv Drupad S Patil a/w Rajvardhan S Chougule for Respondent
No 7.

Appearance in Sr. No. 902

Shri S S Patwardhan, Advocate a/w Bhooshan Mandlik a/w
Prabhodh Patil a/w Ajay RajeNimbalkar a/w Shivam M Walekar
a/w Sumeeta Jankar for Petitioners.
Smt Neha Bhide, Govt. Pleader a/w R P Kadam, B Panel Counsel
for Respondent No 1 & 2.
Shri Pralhad Pranjape, Advocate a/w Saket S Tare I/b Dilip
Bodake a/w Sharad Bhosale a/w Amar Dhumal a/w Viraj Dhumal
for Respondent No 3 & 6.
Shri Manoj Patil, Advocate a/w Siddhesh Kadam for Respondent
5.
Shri Shrikrishna Ganbavale, Advocate a/w Prithviraj Raorane
a/w Indrajeet Jagdale for Respondent No 7.

Appearance in Sr. No. 503

Shri Chetan Patil, Advocate a/w Dhairyashil Pawar for
Petitioners.
Shri S. D. Rayrikar, A.G.P. for the Respondent Nos. 1, 2 and 4.
Shri Dilip Bodake, Advocate for the Respondent Nos. 3 and 6.
Adv Drupad S Patil a/w Rajvardhan S Chougule for Respondent
No 7.
                          4                     901 to 903 wp 4341.26

Appearance in Sr. No. 502
Adv Chetan Patil a/w Dhairyashil Pawar for Petitioners.
Shri R. P. Kadam, A.G.P. for the Respondent Nos. 1, 2 and 4.
Shri Dilip Bodake, Advocate for the Respondent Nos. 3 and 6.
Adv Drupad S Patil a/w Rajvardhan S Chougule for Respondent
No 7.

                     CORAM : SHAILESH P. BRAHME, J.
                      DATE : 03RD SEPTEMBER, 2026.

ORDER :


.     For the reasons to be recorded separately following
operative order is passed.


                       OPERATIVE ORDER


A.    Rule is made absolute in Writ Petition No. 4341 of 2026,
Writ Petition No. 4342 of 2026, Writ Petition Stamp No. 8162 of
2026 and Writ Petition Stamp No. 8166 of 2026 in terms of
prayer clause ‘A’.


B.    Writ Petition No. 4343 of 2026 and Writ Petition Stamp No.
8163 of 2026 are dismissed. Rule stands discharged.


C.    It is clarified that the petitioners in Writ Petition No. 4343
of 2026 and Writ Petition Stamp No. 8163 of 2026 shall be at
liberty to avail the benefit of Rule 10(4) of the Maharashtra
Cooperative Societies (Election to Committees) Rule 2014,
notwithstanding the findings recorded by this Court and
                          5                    901 to 903 wp 4341.26

dismissal of the petitions.


D.    Parties to act on authenticate copy of the operative part of
this judgment.



                              [ SHAILESH P. BRAHME J. ]


bsb/Sept. 26


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