Bombay High Court

BANDU KARBHARI MENDHARE AND ANOTHERversusTHE STATE CO OPERATIVE ELECION AUTHORITY AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The writ petition is disposed of as withdrawn, and the petitioners are at liberty to file the dispute before the Cooperative Court under Section 91 of the Maharashtra Co‑operative Societies Act, 1960.

Summary

The petitioners challenged an order dated 10.02.2026 by the Cooperative Election Officer that rejected their objection to the inclusion of respondents Nos. 4 to 48 in the voters' list. They sought to withdraw the writ petition and instead pursue a post‑election dispute before the Cooperative Court under the Maharashtra Co‑operative Societies Act. The Court granted permission to withdraw the writ petition, directing that the petitioners may file a dispute under Section 91 of the Act and that the Cooperative Court should dispose of it within six months. The judgment emphasizes the Court's discretion to allow withdrawal and to direct the appropriate forum for resolution. Consequently, the writ petition was disposed of as withdrawn, with liberty to approach the Cooperative Court.

Issues considered

Whether the writ petition may be withdrawn with liberty to approach the Cooperative Court for a post‑election dispute
Whether the Cooperative Court has jurisdiction under Section 91 of the Maharashtra Co‑operative Societies Act, 1960 to adjudicate the dispute

Legislation cited

Maharashtra Co-operative Societies Act, 1960 — s. 91

Subjects

writ petition
Cooperative Election Officer
voters' list
withdrawal
Section 91
Maharashtra Co-operative Societies Act
Cooperative Court
expeditious disposal

Judgment

2026:BHC-AUG:25927
906 WP 6882 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

906 WRIT PETITION NO. 6882 OF 2026

BANDU KARBHARI MENDHARE AND ANOTHER
VERSUS
THE STATE CO OPERATIVE ELECION AUTHORITY AND OTHERS
...
Advocate for the Petitioner : Mr. A. K. Shingare h/f Mr. Suryawanshi
Kamlakar J.
Advocate for Respondent No. 1 & 2 : Mr. V. H. Dighe
...
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 02.07.2026

PER COURT :

Heard.

2. Present writ petition is directed against the order dated 10.02.2026

passed by the respondent-Cooperative Election Officer, whereby the

petitioner’s objection to inclusion of name of respondent nos. 4 to 48 in the

voters’ list came to be rejected. Apparently, the petitioner can raise post

election dispute in respect of the objection.

3. In this backdrop, the learned counsel for the petitioner seeks

permission to withdraw the writ petition with liberty to approach the Co-

operative Court and to seek expedite disposal of the dispute proceeding that

would be filed before the Co-operative Court.

4. In that view of the matter, writ petition stands disposed of as

withdrawn. The petitioner shall be at liberty to file the dispute under

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906 WP 6882 OF 2026.odt
Section 91 of the Maharashtra Co-operative Societies Act, 1960. In case,

such dispute is filed, the Cooperative Court shall endeavour to dispose of the

same expeditiously, and in any case, within a period of six months from

today, in accordance with law.

( S. G. CHAPALGAONKAR, J.)

mkd/-

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