Bombay High Court

SUBHASH BABURAO CHAVANversusSTATE CO OPERATIVE ELECTION AUTHORITY PUNE AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

Since respondent No.3 had resigned from the directorship before his nomination, he was not disqualified, and the order rejecting the petitioner's objection was upheld.

Summary

The petitioner, Subhash Baburao Chavan, challenged an order of the District Election Officer that rejected his objection to the nomination of respondent No.3 as a delegate of respondent No.4 society. The objection was based on the claim that respondent No.3 was a director of Kanakshil Multipurpose Co‑operative Society, which was a defaulter of the Aurangabad District Central Co‑operative Bank. Respondent No.3 argued that he had resigned from the directorship on 10 September 2025, with the resignation accepted on 17 September 2025, prior to his nomination. The court examined the resignation dates and found that at the time of nomination he was no longer an office‑bearer of the defaulting society. Consequently, the court held that there was no statutory disqualification and that the impugned order was correct. The writ petition was dismissed as being without merit.

Issues considered

Whether a person who was a director of a defaulting co‑operative society at the time of nomination is disqualified from being appointed as a delegate of another co‑operative society.

Subjects

co‑operative societies
delegate nomination
disqualification
defaulting society
election law
Article 227
writ petition

Judgment

2026:BHC-AUG:22005


                                             (1)                      wp-5386-2026




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                              WRIT PETITION NO. 5386 OF 2026

                                 SUBHASH BABURAO CHAVAN
                                             VERSUS
                  STATE CO OPERATIVE ELECTION AUTHORITY PUNE AND
                                             OTHERS
                                              …
                 Mr. P. B. Shirsath, Advocate for the Petitioner.
                 Mr. V. H. Dighe, Advocate for Respondent Nos.1 and 2.
                 Mr. P. K. Nikam and Mr. M. D. Jadhav, Advocate for Respondent
                 Nos.3 and 4.
                 Mr. G. P. Darandale, Advocate for Respondent No.5.
                                              …
                                      CORAM : S. G. CHAPALGAONKAR, J.
                                                 (VACATION COURT)
                                      DATE : 26th MAY, 2026.
                 ORDER:-

                 1.     The petitioner impugns order dated 18.05.2026 passed by

                 District Election Officer and Divisional Joint Registrar, Co-

                 operative Societies, Chhatrapati Sambhajinagar, thereby rejecting

                 petitioner’s objection to name of respondent no.3 being delegate of

                 respondent no.4/society.


                 2.     On 11.03.2026, for ensuing election, respondent no.2 issued

                 Notification calling for names of delegates from member societies

                 of respondent no.5/Aurangabad District Central Co-operative

                 Bank Limited (for short ‘ADCC Bank’).             On 27.04.2026,

                 provisional voters list is published to which objections were

                 invited upto 06.05.2026.     The petitioner raised objection to

                 nomination of respondent no.3 being delegate of respondent
                              (2)                       wp-5386-2026


no.4/society on the ground that he is Director of dafualter society.

Hence, cannot be nominated as delegate, instead name of any

other member ought to have been proposed. The respondent no.2

rejected said objection. Hence, this petition.


3.    Mr. Shirsath, learned Advocate appearing for petitioner

submits that as per communication issued by Assistant Registrar,

Co-operative Society, Khultabad, petitioner was member of

Managing Committee of Multipurpose Co-operative Society,

Kanakshil for period from 2022-2027.             The said society is

defaulter of ADCC Bank. The respondent no.3 being Director of

defaulter society, cannot be nominated as delegate.


4.    Per contra, learned Advocate appearing for respondent

nos.3 and 4 points out that respondent no.3 had resigned from

post of Director. He continued to be simple member. As such,

there was no impediment for nominating him as delegate of

respondent no.4/society.


5.    Perusal of impugned order depicts that on 10.09.2025

respondent no.3 resigned from post of Director of Kanakshil

Multipurpose Society.      The said resignation has been accepted

during meeting dated 17.09.2025.        The respondent no.2 has

accordingly recorded findings that respondent no.3 was not
                            (3)                      wp-5386-2026


Director of defaulting society as on date of his nomination as

delegate. It is further observed that respondent no.3 cannot be

treated as disqualified being office bearer of defaulting society.

Apparently, there is no impediment in nominating any member of

defaulting primary agriculture society as delegate. The finding

recorded by respondent no.2 is in conformity with record tendered

into service. There is nothing to indicate that respondent no.3

was holding post of Director of defaulting society as on date of

Resolution, appointing him as delegate of respondent no.4/society.


6.      Hence, no case is made out to cause interference under

Article 227 of Constitution of India in impugned order. In result,

Writ Petition sans merit. Hence, stands dismissed.



                                    (S. G. CHAPALGAONKAR)
                                             JUDGE




Devendra/May-2026

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