Bombay High Court
NANDKUMAR LAXMAN DAKOREversusTHE RETURNING OFFICER PARBHANI AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The Court held that the objection could not be entertained as the required facts to establish default were not proved and the Returning Officer's summary enquiry was not to be disturbed.
Summary
The petitioner, Nandkumar, challenged the nomination of respondent No.4 as a delegate to the Parbhani District Central Cooperative Bank election, alleging that he was a defaulter of Kawalgaon Primary Agricultural Credit Cooperative Society and therefore disqualified under Section 73CA(1)(i) of the Maharashtra Cooperative Societies Act, 1960. The petitioner produced a certificate and account statement showing dues of Rs.73,330, while the respondent denied the allegation, claiming the dues pertained to a different person and submitted an Aadhaar card of a 16‑year‑old. The Returning Officer rejected the objection, and the petitioners sought judicial review. The Court examined the definition of "defaulter" under the Act, noting that a default requires a demand notice and a period of more than 30 days, which was not established, and also highlighted the ambiguity about the identity of the alleged defaulter. Consequently, the Court held that the Returning Officer’s summary enquiry under Rule 25 of the Election Rules, 2014 should not be disturbed and dismissed the writ petition, granting the petitioner liberty to pursue an election petition under Section 91 of the Act and Rule 78 of the Election Rules.
Issues considered
- Whether respondent No.4 is disqualified under Section 73CA(1)(i) of the Maharashtra Cooperative Societies Act, 1960 for being a defaulter of another cooperative society.
- Whether the Returning Officer erred in rejecting the petitioner’s objection to the nomination.
- Whether the factual material on record satisfies the statutory definition of "defaulter" under the Act.
- Whether the jurisdiction of the Returning Officer under Rule 25 of the Election Rules, 2014 precludes judicial interference.
Legislation cited
- Election Rules, 2014 — s. Rule 25, Rule 78
- Maharashtra Cooperative Societies Act, 1960 — s. 27, 73CA(1)(i), 73CA(1)(i)(f), 91
Subjects
- cooperative society
- disqualification
- defaulter
- Maharashtra Cooperative Societies Act
- District Central Cooperative Bank
- election petition
- writ petition
- Election Rules 2014
Judgment
2026:BHC-AUG:27863
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6664 OF 2026
Nandkumar S/o Laxman Dakore,
Age : 58 years, Occu : Agril.,
R/o. Dhanora Motya, Tq. Pathari,
District Parbhani. ..Petitioner
Versus
1. The Returning Officer
Parbhani District Central Co-operative Bank
Ltd Parbhani, Tq Parbhani District Parbhani
2. The District Special Auditor
Class-I, Co-operative Societies
Parbhani, Tq & District Parbhani.
3. Parbhani District Central Cooperative
Bank Ltd Parbhani Tq & District Parbhani
4. Baburao Tukaram Chavan
Age:- 75 years Occu Agril
R/o. Satefal Wagh, Post. Kawalgaon
Tq Purna, District Parbhani.
Mo No 9604160761.
Representative of Satefal
Vividh Karyakari Seva Sahakari Society
Limited, Satefal Tq. Purna
District;- Parbhani
5. Ritesh S/o Raosaheb Kale
Age:- 35 years Occu Agril
R/o. Erendeshwar Tq Purna
District Parbhani.
Mo No 9503837878.
Representative of Erendeshwar
Vividh Karyakari Seva Sahakari Society
Limited, Erendeshwar Tq Purna
District;- Parbhani
6. Tulshiram Yashwant Bobade,
Age:- 51 years Occu: Agril
R/o Mategaon, Tq Purna
District Parbhani.
Mo No 9822671873.
Representative of Mategaon
Vividh Karyakari Seva Sahakari Society
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Limited, Mategaon Tq Purna
District;- Parbhani
7. Baliram S/o Shankar Kadam
Age:- 53 years Occu Agril
R/o Sonna Tq Purna
District Parbhani.
Mo No 9922537238.
Representative of Sonna
Vividh Karyakari Seva Sahakari Society
Limited, Sonna Tq Purna
District;- Parbhani..
8. Kawalgaon Primary Agricultural
Credit Cooperative Society, Kawalgaon,
Taluka Purna, District Parbhani.
Through its Secretary. ..Respondents
...
Mr. V. D. Sapkal, Senior Counsel i/b Mr. N.R. Pawade, Advocate
for the Petitioner.
Mr. S. K. Kadam, Advocate for Respondent No.1.
Mr. S. S. Gangakhedkar, Advocate for Respondent No.3.
Mr. Mahesh Deshmukh h/f Mr. V.S. Yelmane, Advocate for
Respondent No.4.
Mr. P.H. Sukale, Advocate for Respondent No.5.
...
CORAM : S. G. CHAPALGAONKAR, J.
RESERVED ON : 07th JULY, 2026.
PRONOUNCED ON : 10th JULY, 2026.
JUDGMENT :-
1. Rule. Rule made returnable forthwith and heard finally
with consent of parties.
2. The petitioner takes exception to order dated 25.06.2026
passed by Respondent No.1/Returning Officer @ District Special
Auditor Class-1, Cooperative Societies, Chhatrapati
Sambhajinagar, thereby rejecting objection of petitioner to
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nomination of respondent no.4 at election of Parbhani District
Central Cooperative Bank Limited (for shor ‘PDCC Bank’).
3. The respondent no.1 issued notification dated 20.03.2026,
thereby calling upon member societies of PDCC Bank to forward
resolution nominating their delegates for inclusion in voters list
for ensuing elections for period from 2026 to 2031. It has been
clarified that date of eligibility for inclusion in voters list shall be
22.03.2026. Further, societies were advised to pass Resolution
nominating their delegates keeping in mind provisions of Section
27(10) of Maharashtra Cooperative Societies Act, 1960 (for short
‘MCS Act, 1960’) r/w Section 73CA(1)(i)(f). The Resolutions were
to be submitted during period from 25.03.2026 to 23.04.2026.
4. The respondent no.4 was nominated as delegate by Satefal
Vividh Karyakari Seva Sahakari Society Limited, Taluka Purna
(for short ‘Satefal KVSS’). The petitioner raised objection that
respondent no.4 incurred disqualification in terms of Section 27,
as he has availed fertilizers facilities from Kawalgaon Primary
Agricultural Credit Co-operative Society, Kawalgaon, Taluka
Purna, District Parbhani (for short ‘Kawalgaon KVSS’) and
defaulted payment of bill of Rs.73,330/-.
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5. In support of such contentions, petitioner placed on record
certificate dated 24.06.2026 issued by Secretary of Kawalgaon
VKSS alongwith statement of account. The respondent no.4
replied objection and flatly denied that he is defaulter of
Kawalgaon VKSS. He took specific stand that dues are
pertaining to some different persons having similar names from
village Satefal. Copy of Aadhar Card and 7/12 extract is placed
into service in support of such contentions. The Returning Officer
accepting defence of respondent no.4 declined to entertain
objection. Hence, this petition.
6. Mr. Sapkal, learned Senior Advocate appearing for
petitioner submits that Section 73CA(1)(i) of MCS Act, 1960
contemplates that no person shall be eligible for being appointed,
nominated, elected, co-opted or for being member of Committee, if
he is defaulter of any Society. The respondent no.4 was
defaulter of Kawalgaon VKSS. The certificate is issued by
Secretary of said Society alongwith account statement reflects
dues recoverable from respondent no.4. Mr. Sapkal would further
submit that false defence has been raised by respondent no.4. The
Aadhar Card of different person who is aged about 16 years is
relied upon to contend that dues of Kawalgaon VKSS are
pertaining to that person. According to Mr. Sapkal, since person
whose Aadhar Card is relied is not eligible to be member of any
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Society, contention that he was member of Kawalgaon VKSS and
purchased fertilizer from Society is camouflage. The Returning
Officer has conveniently ignored aforesaid factual aspects and
rejected objection of petitioner.
7. Per contra, Mr. Deshmukh, learned Advocate appearing for
respondent no.4 submits that disqualification contemplated under
Section 73CA(1)(i) of MCS Act, 1960 would not attract in case of
DCC Bank. Section 73CA(1)(i)(f) prescribes disqualifications in
case of District Central Co-operative Bank and none of the
disqualification contemplated thereunder attracts in facts of
present case. He would submit that even otherwise there is no
cogent and reliable material to show that respondent no.4 was
member of Kawalgaon VKSS or he was defaulter of said Society.
8. Having considered submissions advanced by learned
Advocates appearing for respective parties, it can be observed that
Section 73CA of MCS Act, 1960 deals with disqualification of
committee and its members. Section 73CA(1)(i) deals with
general disqualification of committee and its members. Clause (i)
of Section 73CA(1) prescribes disqualification of member if he is
defaulter of any Society. Clause (f) of Section 73CA(1)(i) deals
with specified disqualification for District Central Co-operative
Bank.
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9. The petitioner alleges that respondent no.4 is disqualified as
he was defaulter of Kawalgaon VKSS. Therefore, if it is to be
examined as to whether respondent no.4 incurred disqualification
under Clause (i) of Section 73CA(1) of MCS Act, 1960. It is
necessary to look into explanation of term defaulter. The member
who has purchased any goods or commodities on credit or availed
himself of any services from Society for which charges are
payable, defaults occurs only after service of notice of demand by
said Society or if payment is withhold for more than 30 days after
delivery of goods. In present case, it is not brought on record as to
when default is actually occurred. Assuming that respondent no.4
has purchased goods, there is nothing to show that he was served
with demand notice by Society or such dues continued for period
of more than 30 days.
10. Even otherwise, there is ambiguity as to whether person
who is defaulter of Kawalgaon VKSS is petitioner or someone else.
In aforesaid backdrop, decision taken by Returning Officer while
exercising jurisdiction under Rule 25 of Election Rules, 2014 need
not be disturbed. The Returning Officer while holding enquiry of
summary nature would not be in position to deal with disputed
questions of facts.
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11. In this backdrop, Writ Petition stands dismissed with
liberty in favour of petitioner to avail remedy of Election Petition
under Section 91 of MCS Act, 1960 r/w Rule 78 of Election Rules,
2014.
12. Needless to state here that, in case such remedy is availed,
observations made in this order which are based on prima facie
consideration would not be an impediment for entertaining
election dispute by Court under Section 91 of MCS Act, 1960 read
with Rule 78 of Election Rules, 2014.
13. Rule stands discharged.
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/July-2026
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