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Bombay High Court

JAYRAM NATHUJI SALUNKEversusTHE DISTRICT CO OPERATIVE ELECTION OFFICER AND OTHERS

Disposal
DISPOSED OFF

Holding

The court held that the respondent was not disqualified because he was not a director on the qualifying date, and the returning officer’s order stands.

Summary

The petitioner challenged the order of the District Co-operative Election Officer that rejected his objection to the nomination of Respondent No.3 as a delegate of a member society in the District Central Co-operative Bank election. The objection was based on the claim that the respondent was a director of a defaulting credit society between 24.07.2022 and 25.09.2025, rendering him ineligible under Section 73 CA (1)(i)(f)(ii) of the Maharashtra Co-operative Societies Act. The Election Officer held that the respondent was no longer a director at the qualifying date and therefore could be nominated. The petitioner argued that the resignation was a ploy to evade disqualification, but the court found that the statutory disqualification applies only to directors at the qualifying date, not to members, and the resignation removed the director status. Consequently, the court dismissed the writ petition, leaving the election program intact.

Issues considered

  • Whether a person who resigned as director of a defaulting co-operative society before the qualifying date remains disqualified from nomination under Section 73 CA (1)(i)(f)(ii) of the Maharashtra Co-operative Societies Act.
  • Whether the returning officer erred in rejecting the petitioner's objection to the nomination of the respondent.

Legislation cited

Subjects

  • co-operative societies
  • election
  • disqualification
  • director
  • defaulting society
  • nomination
  • writ petition

Judgment

2026:BHC-AUG:23844
                                                                             944-wp6029-2026.odt
                                                     (1)


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                    WRIT PETITION NO. 6029 OF 2026

                                           Jayram Nathuji Salunke
                                                   VERSUS
                           The District Co Operative Election Officer And Others
                                                       ...
                     Advocate for the Petitioner : Mr. C.V. Bodkhe h/f Mr. Gore Ravindra
                                                    Vitthal
                             Advocate for Respondent No.1 : Mr. S.K. Kadam
                            Advocate for Respondent No.2 : Mr. G.P. Darandale
                           Advocate for Respondent No.3 : Mr. K.J. Suryawanshi
                                                       ...
                                                 CORAM : S. G. CHAPALGAONKAR, J.

                                                 DATED : JUNE 17, 2026

                 PER COURT :-

                 1.            Present   petition   takes   exception   to   order      dated

                 09.06.2026 passed by District Co-operative Election Officer below

                 Objection No.64/2026, whereby petitioner’s objection to nomination

                 of respondent no.2 came to be turned down.

                 2.            On 29.05.2026, respondent no.1 – District Co-operative

                 Election Officer published election program for District Central Co-

                 operative Bank Limited Aurangabad. Respondent No.3 was nominated

                 as delegate of member society. The petitioner submitted objection to

                 his nomination on the ground that society to which he represents was

                 a defaulter and he was director of such society during period from

                 24.07.2022 to 25.09.2025. As such, not eligible to contest election in

                 terms of Section 73 CA (1)(i)(f)(ii) of Maharashtra Co-operative

                 Societies Act. Respondent no.1 declined to entertain objection on the
                                                           944-wp6029-2026.odt
                                  (2)


ground that a member of defaulting credit society can be nominated

as delegate. Respondent no.3 was not director as on qualifying date

for election as per election program.

3.           Learned advocate appearing for petitioner submits that

resignation from directorship was deliberately given by respondent

no.3 knowing that election program will be published and such

resignation from directorship of society wold not wash out

disqualification incurred by director. Prima facie, aforesaid argument

cannot be accepted for the reason that disqualification is prescribed

only to nominate directors of defaulting societies and not members.

Further, as on qualifying date prescribed as per election program,

respondent no.3 was mere member of society and not director.

Therefore, view taken by returning officer under impugned order is a

possible view.

4.           In that view of matter, writ petition stands dismissed,

keeping all contentions open to be raised post election.




                                        (S.G. CHAPALGAONKAR, J.)




Mujaheed//


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