RAJARAM SAMUDAYIK SAHAKARI SHETI SOCIETY LTD. LTD. THR. AUTH. OFFICER DATTATRAY SURYAWANSHIversusTHE DISTRICT COOPERATIVE ELECTION OFFICER, SANGLI DCC BANK AND DIVISIONAL JOINT REGISTRAR AND ORS.

                      1                        913-WP-4563-2026 (C)

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

              WRIT PETITION NO.4563 OF 2026

Rajaram Samudayik Sahakari Sheti
Society Ltd. Ltd. Through Authorized
Officer Dattatray Suryawanshi                     …...Petitioner
      Vs.
The District Cooperative Election Officer, Sangli
Dcc Bank And Divisional Joint Registrar & Ors. …...Respondents

                             …..
Mr. Surel Shah, (Through vc) with Mr. Parth Pitambare,
Advocate for the Petitioner.
Mr. Shubham Dhenge, Advocate for the Respondent No.2.
Mr. Sanjay D. Rayrikar, AGP for Respondent-State.
                               …..

                   CORAM : SHAILESH P. BRAHME, J.
                    DATE : 11TH SEPTEMBER, 2026.

FINAL ORDER :


.      The Petitioner is challenging the order dated 07.09.2026

rejecting the claim for accepting the resolution for inclusion in

the provisional voter list.


2.     The Petitioner     is primary   society affiliated   to the

Respondent No.2, Sangli District Central Cooperative Bank. The

Respondent-Election Authorities have undertaken preliminary

stages to conduct the election process. As per the public
                      2                        913-WP-4563-2026 (C)

notification which is at Exhibit-A, the provisional voters list was

declared on 18.08.2026. The objections were invited up to

27.08.2026. Accordingly, the Petitioner submitted a claim for its

inclusion in the list, which is denied on the ground that it is

under liquidation.


3.    I have considered the submission of learned Senior Counsel

Mr. Surel Shah, who emphatically submitted that no proceeding

for liquidation was ever taken out against the Petitioner. No

order was ever passed for liquidation, and Writ Petition No. 7706

of 2022 was required to be filed in respect of the grievance of the

Petitioner in respect of change of use of land, which was disposed

of by the Division Bench on 23.12.2025, directing the Collector to

consider the grievance, which has nothing to do with the

liquidation of the society.


4.    The learned counsel appearing for the Respondent Nos. 2

and 3 repels the submission, stating that the Petitioner made

representation on 27.08.2026 which spells out the liquidation and

the Petition filed in the High Court. The competent authority

disclosed by the letter dated 01.09.2026 that the record indicates

the liquidation of the Petitioner.
                    3                         913-WP-4563-2026 (C)

5.     The Application dated 27.08.2026 submitted by the

Petitioner refers to approaching the High Court in respect of

liquidation and its pendency. A copy of the order dated

23.12.2025 passed by the Division Bench in Writ Petition No.

7706 of 2022 indicates that the claim in that matter was in

respect of change of use of land allotted by the Government and

has nothing to do with liquidation. The Respondent did not point

out any proceedings of the Petitioner pending in respect of

liquidation. No tangible order is placed on record to disclose the

order of liquidation. The Respondents could have pointed out as

to who was the liquidator.


6.   The findings recorded in the impugned order do not

withstand the logic and rationality. The filing of the first

information report on 02.09.2026 is afterthought, and it would

not corroborate liquidation order passed against the Petitioner.

The impugned order is unsustainable. The Petitioner cannot be

deprived of the valuable right of participating in the election

process.


7.   I find that this is an appropriate case to exercise the

jurisdiction as per the principles laid down by the Division Bench
                              4                 913-WP-4563-2026 (C)

in Dattatray Genaba Lole and Ors. Versus Divisional Joint

Registrar Cooperative Societies and Ors. 1 without stalling

the election process.


8.       The Writ Petition is allowed and impugned order is

quashed and set aside.


9.        The Respondents are directed to include the Petitioner’s

name in the provisional voter list by accepting its resolution

nominating the representative.




                                  [ SHAILESH P. BRAHME J. ]


Suresh




1    (2021) 2 HCC (Bom) 612