Authority: High Court of Judicature at Bombay

Order Date: 14 October 2026

Case Overview

  • Petitioners: a group of dairy cooperative societies (e.g., Parvati Dudh Utpadak Sahakari Sanstha Maryadit, Simadevi Mahila Dudh Utapadak Sahakari Sanstha Maryadit, Vitthal Rukmini Mahila Dudh Utapadak Sahakari Sanstha, etc.) filed writ petitions (Nos. 13757‑13864 of 2026) against the District Co‑operative Election Officer (DCEO) and others, alleging wrongful exclusion from the provisional voters list.
  • Background: The societies were de‑registered under Section 21 of the Maharashtra Co‑operative Societies Act, 1960 by an order dated 13 March 2020 issued by the Assistant Registrar, Co‑operative Societies (Dairy), Solapur. The societies claim they never received a show‑cause notice and were unaware of the de‑registration until a preliminary members list was published on 14 August 2026.
  • The societies filed appeals before the Joint Registrar, Co‑operative Societies (Dairy), Maharashtra State. On 29 September 2026 the Joint Registrar granted an interim stay on the de‑registration orders of 12 March 2020, 30 June 2021 and 16 June 2023, and also stayed the liquidation orders.
  • The societies submitted resolutions nominating representatives for voting within the window period 13 August 2026 to 11 September 2026, but the DCEO rejected their objections, stating that the societies were under de‑registration during that period and that the stay order was passed later.
  • The Court observed that the DCEO adopted a hyper‑technical view by ignoring the stay orders and that, as of the date of the hearing, the societies remained registered due to the stay. The Court held that the societies should be allowed to exercise voting rights, citing precedents (Ramchandra Jakappa Nandavadekar & Ors. v. State of Maharashtra & Ors., 2025; Shree Vitthal Sahakari Sakhar Karkhana Ltd. v. Wadikuroli Vividh Karyakari Seva Society, 2010) which emphasize that membership cannot be terminated without following statutory procedures.

Final Outcome

  • i. The DCEO shall include the names of the petitioners (or their duly authorized representatives) in the final voters list.
  • ii. Inclusion is subject to the outcome of the pending appeals before the Joint Registrar.
  • iii. The Joint Registrar must decide the pending appeals as expeditiously as possible, preferably within two weeks.
  • iv. Petitioners must appear before the Joint Registrar with a copy of this order (downloaded from the Court website) on 16 October 2026 to seek fixation of a hearing date for the appeals.
  • v. If the appeals are dismissed, the petitioners (or their representatives) shall not be entitled to vote, even if their names appear in the voters list.
  • vi. All issues on the merits of the pending appeals remain open.
  • The writ petitions are therefore partly allowed and disposed of.

Topics: Co‑operative Society Elections, Voting Rights, Legal Relief