Authority: Supreme Court of India

Order Date: 29-06-2026

Case Overview

  • Petitioners: Kale Pravin Ganpat & Ors.
  • Respondents: Dilip B. Bankar Patil & Ors.
  • Petition Numbers: SLP(C) No. 21647/2026 and SLP(C) No. 21665/2026 (both under Section IX).
  • Related High Court Order: Impugned final judgment and order dated 28-05-2026 in WP No. 5367/2026 of the High Court of Judicature at Bombay, Aurangabad.
  • Subject Matter: Eligibility of 22 individual shareholder‑members to be included in the voters' list for the election to the Board of Directors of Aurangabad District Central Co-operative Bank Ltd for the tenure 2026‑2031.
  • Petitioners' Submissions:
  • Resolution No. 20 approved the induction of the 22 members.
  • Share certificates were issued on 29‑Feb‑2024.
  • Required share/admission amount was deposited on 14‑Mar‑2024.
  • The members participated in the Annual General Meeting held on 29‑Sep‑2025.
  • These facts, petitioners argue, establish that their membership was completed before the statutory cutoff date, and that the objections raised by Respondent No. 1 are politically motivated and lack locus standi.
  • Respondent No. 1's Submissions:
  • Citing Section 27(3A) of the Maharashtra Co‑operative Societies Act, 1960, an individual member becomes entitled to vote only after completing two years from the date of enrolment.
  • Therefore, the members should have been enrolled on or before 21‑Mar‑2024 to be eligible.
  • The petitioners had not completed the two‑year period as of the qualifying date and were rightly excluded.
  • The Bank’s Annual Report showed only 59 individual members as on 31‑Mar‑2024, whereas the draft voters’ list contained 80 names.
  • The requisite share/admission amounts were not deposited with the applications.
  • Membership registers (Forms ‘I’ and ‘J’) recorded the date of admission/payment as 12‑Apr‑2024.
  • Counter‑foils of the challans presented to prove fee remittance are alleged to be not genuine.
  • The Election Officer’s order accepting the objections was affirmed by the High Court.
  • An interim order in favour of the petitioners would disrupt the election schedule, which has already commenced.

Court’s Observations and Order

  • The core issue—date of completion of membership and deposit of the requisite admission/share amount—is a disputed question of fact requiring material evidence.
  • In the interim, the Court directs that the election process shall proceed as scheduled.
  • The result of the election shall remain subject to the final outcome of the Special Leave Petitions.
  • The matters are to be listed after four weeks.
  • Respondent No. 1 is directed to file his counter‑affidavit by that time.

Final Outcome

  • Election to the Board of Directors of Aurangabad District Central Co-operative Bank Ltd will continue as planned.
  • The eligibility of the 22 shareholder‑members will be determined later based on the resolution of SLP(C) No. 21647/2026 and SLP(C) No. 21665/2026.
  • Respondent No. 1 must submit a counter‑affidavit within four weeks, and the case will be listed thereafter.

Topics: Co‑operative Bank Election, Shareholder Eligibility