Writ Petition No. 4196 of 2016 · Bombaybench High Court
Case Details
2024:BHC-AUG:9258 1 WP-4196-2016 judg.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO.4196 OF 2016WITHCIVIL APPLICATION NO.1753 OF 2017WITHCIVIL APPLICATION NO.15009 OF 2022WITHCIVIL APPLICATION NO.16284 OF 2022Rahul S/o Appasaheb Patare,Age – 37 years, Occu. Agril,R/o Taklibhan, Tq. Shrirampir, Dist. Ahmednagar..… Petitioner.Versus1. The State of Maharashtra,Through Principal Secretary,Cooperative Department,Mantralaya, Mumbai-322. The Divisional Joint Registrar,Cooperative Societies, Nashik,Division, Nashik3. The Assistant Registrar,Cooperative Societies, Shrirampur,Tq. Shrirampur, Dist. Ahmednagar.4. The District Deputy Registrar/ District Cooperative Election Officer, Cooperative Societies, Ahmednagar,Dist. Ahmednagar.5. The Taklibhan Vividh Karyakari SevaSahakari Sanstha, Ltd., Taklibhan,Tq. Shrirapur, Dist. Ahmednagar.Through its secretary6. The returning Officer,The Taklibhan Vividh Karyakari SevaShakari Sanstha, Ltd., Taklibhan,Tq. Shrirapur, Dist. Ahmednagar. 2 WP-4196-2016 judg.odt7. Bebitai Dadasaheb ShejulAge-major, Occu-Agril,8. Ganesh Appasaheb ShindeAge-major, Occu-Agril,9. Annasaheb Mohan ShelkeAge-major, Occu-Agril,10. Smita Sainath KhandagaleAge-major, Occu-Agril,11. Yamunabai Sundarbapu KhandagaleAge-major, Occu-Agril,12. Anita Navnath KhandagaleAge-major, Occu-Agril,13. Ajinkya Devidas KokaneAge-major, Occu-Agril,14. Vijay Devidas KokaneAge-major, Occu-Agril,15. Kishor Machindra LadAge-major, Occu-Agril,16. Suresh Machindra LadAge-major, Occu-Agril,17. Sharda Anil KhandagaleAge-major, Occu-Agril,18. Kavita Sunil KhandagaleAge-major, Occu-Agril,19. Uunali Ajit KhandagaleAge-major, Occu-Agril,20. Jyoti Narendra KhandagaleAge-major, Occu-Agril,21. Tai Vishnupanth KhandagaleAge-major, Occu-Agril, 3 WP-4196-2016 judg.odt22. Divyani Vishnupanth KhandagaleAge-major, Occu-Agril,23. Anil Kashinath KhandagaleAge-major, Occu-Agril,24. Sunil Kashinath KhandagaleAge-major, Occu-Agril,25. Ninnath Gokuldas KhandagaleAge-major, Occu-Agril,26. Ravindra Tulshidas KhandagaleAge-major, Occu-Agril,27. Alka Tulshidas KhandagaleAge-major, Occu-Agril,28. Prabha Gokuldas KhandagaleAge-major, Occu-Agril,29. Abhijeet Dattatrya KapseAge-major, Occu-Agril,30. Vandana Dattatrya KapseAge-major, Occu-Agril,31. Rani Ajit BodkheAge-major, Occu-Agril,32. Pragyabai Shankar DukreAge-major, Occu-Agril,33. Janabai Madhukarrao DukreAge-major, Occu-Agril,34. Pallavi Ratnakar RanwareAge-major, Occu-Agril,35. Deepika Ratnakar RanwareAge-major, Occu-Agril,36. Bharti Ratnakar RanwareAge-major, Occu-Agril, 4 WP-4196-2016 judg.odt37. Pramod Ratnakar RanwareAge-major, Occu-Agril,38. Mayuri Rahul KokaneAge-major, Occu-Agril,39. Satish Laxman RanwareAge-major, Occu-Agril,40.Suresh Kachru GaikwadAge-major, Occu-Agril,41. Vijay Annasaheb ShelkeAge-major, Occu-Agril,42. Rajendra Annasaheb ShelkeAge-major, Occu-Agril,43. Keru Chadidas JadhavAge-major, Occu-Agril,44. Bhagyashree Ganesh NagaleAge-major, Occu-Agril,45. Babasaheb Prakash BodkheAge-major, Occu-Agril,46. Deepali Yogesh MagarAge-major, Occu-Agril,47. Anil Laxman ChitaleAge-major, Occu-Agril,48. Sunil Laxman ChitaleAge-major, Occu-Agril,49. Dharti @ Renuka Anil ChitaleAge-major, Occu-Agril,50. Jayshree Laxman ChitaleAge-major, Occu-Agril,51. Appasaheb Jairam ShindeAge-major, Occu-Agril, 5 WP-4196-2016 judg.odt52. Rekha Rajendra KapseAge-major, Occu-Agril,53. Vandana Ratnakar DukreAge-major, Occu-Agril,54. Anuja Swapnil ThoratAge-major, Occu-Agril,55. Sangita Machindra DukreAge-major, Occu-Agril,56. Machindra Dattatraya DukreAge-major, Occu-Agril,57. Mandabai Bahirunath NagaleAge-major, Occu-Agril,58. Chandrakala Bahirunath NagaleAge-major, Occu-Agril,59. Kaveri Bahirunath NagaleAge-major, Occu-Agril,60. Neelima Sudhakar PatareAge-major, Occu-Agril,61. Mangal Devidas KokaneAge-major, Occu-Agril,62. Ramnath Bahirunath NagaleAge-major, Occu-Agril,63. Ramesh Sopan Mate,Age-major, Occu-Agril,64. Janabai Kushaba PawarAge-major, Occu-Agril,65. Prashant Raosaheb KapseAge-major, Occu-Agril,66. Vaijanti Rajendra KokaneAge-major, Occu-Agril, 6 WP-4196-2016 judg.odt67. Pratap Raosaheb KokaneAge-major, Occu-Agril,68. Deleted69. Manisha Bharat PawarAge-major, Occu-Agril,70. Meenakshi Prakash BhavarAge-major, Occu-Agril,71. Mahesh Sitaram GagareAge-major, Occu-Agril,72. Pramod Rajendra GagareAge-major, Occu-Agril,73. Popat Sitaram KolaseAge-major, Occu-Agril,74. Anil Vasant KhillariAge-major, Occu-Agril,75. Sangita Raosaheb TodmalAge-major, Occu-Agril,76. Raosaheb Sampatrao TodmalAge-major, Occu-Agril,77. Santosh Balnath PathakAge-major, Occu-Agril,78. Sushila Suryabhan GarjeAge-major, Occu-Agril,79. Ravindra Vishwanath GondkarAge-major, Occu-Agril,80. Sumanbai Vishwanath GondkarAge-major, Occu-Agril,81. Mukund Vishwanath GondkarAge-major, Occu-Agril, 7 WP-4196-2016 judg.odt82. Yogita Ravindra GondkarAge-major, Occu-Agril,83. Shraddha Mukund GondkarAge-major, Occu-Agril,84. Laxmibai Bhausaheb ShindeAge-major, Occu-Agril,85. Bhausaheb Jairam ShindeAge-major, Occu-Agril,86. Lata Dnyandeo DabhadeAge-major, Occu-Agril,87. Sanjeevani Sanjay NawaleAge-major, Occu-Agril,88. Kanta Ashik NawaleAge-major, Occu-Agril,89. Sanjay Murlidhar NawaleAge-major, Occu-Agril,90. Deleted91. Shweta Dinesh JadhavAge-major, Occu-Agril,92. Lalita Baban MusmadeAge-major, Occu-Agril,93. Swati Ravindra MusmadeAge-major, Occu-Agril,94. Sindhu Prakash MusmadeAge-major, Occu-Agril,95. Ratnamala Prabhakar MhaskeAge-major, Occu-Agril,96. Deleted97. Dhananjay Ashok KandalkarAge-major, Occu-Agril, 8 WP-4196-2016 judg.odt98. Jaishree Ashokrao GujarAge-major, Occu-Agril,99. Pramod Shivaji GawareAge-major, Occu-Agril,100. Deleted101. Adinath Sopan JangaleAge-major, Occu-Agril,102. Leelabai Laxman YeoleAge-major, Occu-Agril,103. Annasaheb Ramrao YemleAge-major, Occu-Agril,104. Nanasaheb Kondaji YeoleAge-major, Occu-Agril,105. Laxman Kondaji YeoleAge-major, Occu-Agril,106. Sakhahari Kondaji YeoleAge-major, Occu-Agril,107. Dadasaheb Sakhahari YeoleAge-major, Occu-Agril,108. Swarna Ravindra YeoleAge-major, Occu-Agril,109. Dnyaneshwar Bhimraj JangaleAge-major, Occu-Agril,110. Sopan Ambadas JangaleAge-major, Occu-Agril,111. Alka Dattatrya JangaleAge-major, Occu-Agril,112. Dattatrya Yamnath JangaleAge-major, Occu-Agril, 9 WP-4196-2016 judg.odt113. Thaksen Dagdu BankarAge-major, Occu-Agril,114. Kamal Bhimraj JangaleAge-major, Occu-Agril,115. Gangadhar Sopan JangaleAge-major, Occu-Agril,116. Vimal Sopan JangaleAge-major, Occu-Agril,117. Kailash Dnyandeo GawareAge-major, Occu-Agril,118. Sheetal Pradeep GawareAge-major, Occu-Agril,119. Ravindra Prakash MusmadeAge-major, Occu-Agril,120. Prakash Balwant MusmadeAge-major, Occu-Agril,121. Uddhav Punjaji PhopseAge-major, Occu-Agril,122. Ravindra Nanasaheb YeoleAge-major, Occu-Agril,123. Shobha Dnyaneshwar PhopseAge-major, Occu-Agril,124. Sheetal Abasaheb YeoleAge-major, Occu-Agril,125. Dnyaneshwar Uddhav PhopseAge-major, Occu-Agril,126. Sanjay Dagdu JangaleAge-major, Occu-Agril,127. Anita Sanjay JangaleAge-major, Occu-Agril, 10 WP-4196-2016 judg.odt128. Vaishali Sitaram GagareAge-major, Occu-Agril,129. Rahul Sitaram GagareAge-major, Occu-Agril,130. Parasram Sitaram GagreAge-major, Occu-Agril,131. Mahesh Bhausaheb ShelkeAge-major, Occu-Agril,132. Sangita Bhausaheb GagareAge-major, Occu-Agril,133. Shobha Thaksen BankarAge-major, Occu-Agril,134. Sushila Annasaheb YeoleAge-major, Occu-Agril,135. Sunita Sanjay BankarAge-major, Occu-Agril,136. Suman Sakharam BankarAge-major, Occu-Agril,137. Rajendra Karbhari ShelarAge-major, Occu-Agril,138. Sanjay Karbhari ShelarAge-major, Occu-Agril,139. Sheetal Ramesh RautAge-major, Occu-Agril,140. Rajendra Dagdu JangaleAge-major, Occu-Agril,141. Rupali Dattatrya PatareAge-major, Occu-Agril,142. Sarika Dattatrya PatareAge-major, Occu-Agril, 11 WP-4196-2016 judg.odt143. Seema Gangadhar JangaleAge-major, Occu-Agril,144. Raosaheb Kondaji YeoleAge-major, Occu-Agril,145. Deleted146. Indubai Chandrakant JangaleAge-major, Occu-Agril,147. Nirmala Uddhav PhopseAge-major, Occu-Agril,148. Nandabai Vijay GagareAge-major, Occu-Agril,149. Vijay Parasram GagareAge-major, Occu-Agril,150. Lata Bandu GagareAge-major, Occu-Agril,151. Bandu Chaburao Gagare Age-major, Occu- Agril,152. Sindhubai Parasram Gagare Age-major, Occu- Agril,153. Nitin Bhausaheb Gagare Age-major, Occu- Agril,154. Sachin Bhausaheb Gagare Age-major, Occu- Agril,155. Ravindra Bhausaheb Gagare Age-major, Occu- Agril,156. Nandabai Bapura Gagare Age-major, Occu- Agril,157. Chaburao Parasram Gagare Age-major, Occu-Agril,158. Shobha Sitaram Gagare 12 WP-4196-2016 judg.odtAge-major, Occu- Agril,159. Sunil Baburao Gagare Age-major, Occu- Agril,160. Sheela Sunil Gagare Age-major, Occu- Agril,161. Bhausaheb Kisan Gagare Age-major, Occu- Agril,162. Bebitai Bhausaheb Gagare Age-major, Occu- Agril,163. Vijay Devram Gaike Age-major, Occu- Agril,164. Alka Vijay Gaike Age-major, Occu- Agril,165. Vinod Rajendra Gagare Age-major, Occu- Agril,166. Vitthal Balwant Musmade Age-major, Occu- Agril,167. Savita Santosh Musmade Age-major, Occu- Agril,168. Santosh Vitthal Musmade Age-major, Occu- Agril,169. Tarabai Vitthal Musmade Age-major, Occu- Agril,170. Sonali Vikas Kasane Age-major, Occu- Agril,171. Nirmala Balnath Pathak Age-major, Occu- Agril,172. Balnath Changdeo Pathak Age-major, Occu- Agril,173. Karbhari Umaji Shelar 13 WP-4196-2016 judg.odtAge-major, Occu-Agril,174 Kusumbai Raosaheb Yeole Age major, Occu- Agril175. Bhimabai Raosaheb Yeole Age-major, Occu- Agril,176 Sagar Abasaheb Yeole Age-major, Occu- Agril,177. Yogesh Laxman Yeole Age-major, Occu- Agril,178. Anita Yogesh Yeole Age-major, Occu- Agril,179. Parigabai Sakhahari Yeole Age-major, Occu-Agril,180. Sanjay Bhausaheb Nibe Age-major, Occu-Agril,181. Sharda Uddhav Phopse Age-major, Occu- Agril,182. Gokul Jagannath Dhawane Age-major, Occu- Agril,183. Alka Gokul Dhawane Age-major, Occu- Agril,184. Varsha Ranjit Kawade Age-major, Occu- Agril,185. Nitin Nivrutti Khandagale Age-major, Occu- Agril,186. Sagar Nivrutti Khandagale Age-major, Occu- Agril,187. Sagar Vijayrao Bhosale Age-major, Occu- Agril,188. Kishor Sambhaji Garude 14 WP-4196-2016 judg.odtAge-major, Occu- Agril,189. Vilas Sambhaji Garude Age-major, Occu- Agril,190. Shakuntala Sambhaji Garude Age-major, Occu- Agril,191. Ranjeet Rambhau Kawade Age-major, Occu-Agril,192. Vijayraokisanrao Patil Age-major, Occu- Agril,193. Vaishali Vijayrao Patil Age-major, Occu- Agril,194. Nanda Pandit Kadhule Age-major, Occu-Agril,195. Avinash Baburao Dhanwate Age-major, Occu- Agril,196. Ashwini Avinash Dhanwate Age-major, Occu-Agril,197. Yogita Babasaheb Jadhav Age-major, Occu- Agril,198. Babasaheb Chandrabhan Jadhav Age-major, Occu- Agril,199. Bhausaheb Annasaheb Kasar Age-major, Occu- Agril,200. Sunil Annasaheb Thete Age-major, Occu- Agril,201. Vrushali Nitin Ganjwe Age-major, Occu- Agril,202. Vastlabai Mohan Wagh Age-major, Occu- Agril,203. Shanta Ratnakar Tidke 15 WP-4196-2016 judg.odtAge-major, Occu- Agril,204. Gayatri Vishal Tidke Age-major, Occu- Agril,205. Vishal Madhukar Tidke Age-major, Occu- Agril,206. Surekha Vaibhav Tidke Age-major, Occu- Agril,207. Radhika Yadav TidkeAge-major, Occu- Agril,208. Yadav Babasaheb Tidke Age-major, Occu Agril,209. Ganesh Ratnakar Tidke Age-major, Occu-Agril,210. Ratnakar Bapurao Tidke Age-major, Occu- Agril,211. Vilas Mohaniraj Kapse Age-major, Occu- Agril.212. Ranjana Mohan Wagh Age-major, Occu- Agril,213. Savita Vilas Kapse Age-major, Occu- Agril,214. Laxmi Babasaheb Tidke Age-major, Occu- Agril,215. Santosh Sarjerao Kharad Age-major, Occu- Agril,216. Jyoti Santosh Kharad Age-major, Occu- Agril,217. Pandit Namdeo Kadhule Age-major, Occu- Agril,218. Dnyandeo Devram Dabhade 16 WP-4196-2016 judg.odtAge-major, Occu- Agril,219. Sandip Dnyandeo Dabhade Age-major, Occu- Agril,220. Santosh Dnyandeo Dabhade Age-major, Occu- Agril,221. Ashok tukaram Shelar Age-major, Occu- Agril,222. Jayshree Ashok Shelar Age-major, Occu- Agril,223. Swati Prakash Shirsath Age-major, Occu- Agril,224. Prakash Machindra Shirsath Age-major, Occu- Agril,225. Manisha Nitin Mungase Age-major, Occu- Agril,226. Bhausaheb Mohan Wagh Age-major, Occu- Agril,227. Manisha Bhausaheb Wagh Age-major, Occu- Agril,228. Pramod Nanasaheb Narwade Age-major, Occu- Agril,229. Vandana Vitthalrao Pawar Age-major, Occu-Agril,230. Jaya Sanjay Kote Age-major, Occu- Agril,231. Kamalbai Balasaheb Kote Age-major, Occu- Agril,232. Lata Pramod Narwade Age-major, Occu- Agril,233. Kishor Asaram Bahirwat 17 WP-4196-2016 judg.odtAge-major, Occu- Agril,234. Satish Prabhakar Joshi Age-major, Occu- Agril,235. Vijay Hanuman Shinde Age-major, Occu- Agril,236. Padambai Vijay Shinde Age-major, Occu- Agril,237. Ashok Bhaurao Kasar Age-major, Occu- Agril,238. Komal Santosh Chaware Age-major, Occu- Agril,239. Santoshrao Popatrao Chaware Age-major, Occu- Agril,240. Nitin Rambhau Ganjawe Age-major, Occu- Agril,241. Ramesh Anubhav Shinde Age-major, Occu- Agril,242. Deepak Vijay Shinde Age-major, Occu-Agril.243. Mangalbai Ramesh Shinde Age-major, Occu- Agril,244. Sakharam Hanuman Shinde Age-major, Occu- Agril,245. Manjulabai Ramesh Shinde Age-major, Occu- Agril,246. Ajeet Prakash Kasane Age-major, Occu- Agril,247. Sunil Bhausaheb Kasane Age-major, Occu- Agril,248. Anil Bhausaheb Kasane 18 WP-4196-2016 judg.odtAge-major, Occu- Agril,249. Vikas Damuanna Kasane Age-major, Occu- Agril,250. Pallavi Santosh Aher Age-major, Occu- Agril,251. Lata Raibhan Aaher Age-major, Occu- Agril,252. Pallavi Satish Bhungarkar Age-major, Occu- Agril,253. Nikita Shahaji Bhungarkar Age-major, Occu- Agril,254. Anuja Santosh Joshi Age-major, Occu- Agril,255. Pratik Satish Joshi Age-major, Occu- Agril,256. Gorakh Balasaheb Khurud Age-major, Occu- Agril,257. Deepak Balasaheb Kote Age-major, Occu- Agril,258. Shobha Deepak Kote Age-major, Occu- Agril,259. Sanjay Balasaheb Kote Age-major, Occu-Agril,260 Priyanka Deepak Aaher Age-major, Occu- Agril,261. Manoj Ashokrao Kasane Age-major, Occu-Agril,262. Deelip Baburao Kasane Age-major, Occu- Agril,263. Deelip Balasaheb Aaher 19 WP-4196-2016 judg.odtAge-major, Occu- Agril,264. Satish Raibhan Aaher Age-major, Occu-Agril,265. Usha Balasaheb Aaher Age-major, Occu- Agril,266. Priyanka Damuanna Kasane Age-major, Occu- Agril,267. Pratibha Prakash Kasane Age-major, Occu- Agril,267. Jyoti Machindra Kasane Age-major, Occu- Agril,468. Damu Anna Kasane Age-major, Occu- Agril,469. Prakash Damuanna Kasane Age-major, Occu- Agril,270. Shakuntaba Bhausaheb Nibhe Age-major, Occu- Agril,271. Raju Sakharam Shinde Age-major, Occu- Agril,272. Aashabai Raju Shinde Age-major, Occu- Agril,273. Rani Ramesh Shinde Age-major, Occu- Agril,274. Bhavana Satish Joshi Age-major, Occu- Agril,275. Deleted276. Usha Shahaji Ghugarkar Age-major, Occu-Agril,277. Pravin Bhausaheb Kasane Age-major, Occu-Agril, 20 WP-4196-2016 judg.odt278. Shivraj Shahaji Ghugarkar Age-major, Occu-Agril,279. Amar Bhaskarrao Kokane Age-major, Occu-Agril,280. Manisha Amar Kokane Age-major, Occu-Agril.281. Rupali Ramesh Narode Age-major, Occu- Agril,282. Mahesh Nanasaheb Narode Age-major, Occu- Agril,283. Vaibhav Madhukar Tidke Age-major, Occu- Agril,284. Vilas Rambhau Jadhav Age-major, Occu- Agril,285. Rohini Bhaurao Sawant Age-major, Occu- Agril,286. Ravi Amrut Bodkhe Age-major, Occu- Agril,287. Ajeet Babasaheb Jadhav Age-major, Occu- Agril,288. Sudhakar Ambadas Patare Age-major, Occu- Agril,289. Ashabai Ramsha Nagale Age-major, Occu- Agril,290. Bhausaheb Eknath Bodkhe Age-major, Occu- Agril,291. Anil Babasaheb GaikwadAge-major, Occu- Agril,292. Suraj Gorakshanath Kokane Age major, Occu-Agril. 21 WP-4196-2016 judg.odt293. Rahul Rewannath KokaneAge major, Occu- Agril,294. Ganesh Balasaheb Kokane Age-major. Occu-Agril,295. Prakash Mohan Wagh Age-major, Occu- Agril,296. Sunil Abasaheb Yeole Age-major, Occu- Agril,297. Sangita Abasaheb Yeole Age-major, Occu- Agril,298. Pratik Dnyaneshwar Phopse Age-major, Occu-Agril,299. Kaushalyabai Uddhav Phopse Age-major, Occu- Agril,300. Sunita Rajendra Kapse Age-major, Occu- Agril,301. Kavita Janardhan Mhase Age-major, Occu- Agril,302. Mona Uddhav Phopse Age-major, Occu- Agril,303. Sonali Balasaheb Shelke Age-major, Occu- Agril,304. Komal Dattatraya Kapse Age-major, Occu- Agril,305. Sanjeevani Abasaheb Kapse Age-major, Occu- Agril,306. Abasaheb Yeshwant Kapse Age-major, Occu- Agril,307. Muktabai Yeshwant Kapse Age-major, Occu- Agril, 22 WP-4196-2016 judg.odt308. Sunita Rajendra Kapse Age-major, Occu- Agril,309. Sangeeta Deelip Gaike Age major. Occu- Agril,310. Rushikesh Anil Dhage Age-major. Occu-Agril,311. Nitin Ashok Dhage Age-major, Occu- Agril,312. Akshay Vijay Gaike Age-major, Occu- Agril,313. Mohini Shankar Shete Age-major, Occu- Agril,314. Shankar Sopan Shete Age-major, Occu- Agril,315. Kalpana Sudam Gaike Age-major, Occu- Agril,316. Venubai kashiram Gaike Age-major, Occu- Agril,317. Yashoda Deelip Gaike Age-major, Occu- Agril,318. Kavita Janardhan Mhase Age-major, Occu- Agril,319. Yeshwant Prabhakar Mhase Age-major, Occu- Agril,320. Janardhan Prabhakar Mhase Age-major, Occu- Agril,321. Prabhakar Vishwanath Mhase Age-major, Occu- Agril,322. Kavita Sunil Kapse Age-major, Occu- Agril, 23 WP-4196-2016 judg.odt323. Chaya Ashok Dhage Age-major, Occu- Agril,324. Ashwnini Anil Dhage Age-major, Occu- Agril,325. Nikita Ashok Dhage Age-major, Occu- Agril,326. Anil Shivram Dhage Age-major, Occu-Agril,327. Ashok Shivram Dhage Age-major. Occu- Agril,328. Gangubai Raosaheb Kapse Age-major, Occu- Agril,329. Nikhil Ashok Dhage Age-major. Occu-Agril,330. Mohan Sarjerao Kapse Age-major, Occu- Agril.331. Siddharth Arun GaikeAge-major, Occu-Agril.332. Kedarnath Shivaji Ghawate Age-major, Occu- Agril,333. Rushikesh Shivaji Ghawate Age-major, Occu- Agril.334. Mangal Shivaji Ghawate Age-major, Occu- Agril,335. Shivaji Surchand Ghawate Age-major, Occu- Agril,336. Sulochana Ramdas Agade Age-major, Occu- Agril,337. Swapnil Ramdas Aagde Age-major, Occu- Agril, 24 WP-4196-2016 judg.odt338. Dipti Ramdas Aagde Age-major, Occu- Agril,339. Suhasini Ramdas Aagde Age-major, Occu- Agril,340. Ramdas Ranghnath Aagde Age-major, Occu- Agril,341. Pramodini Kundalik Zirpe Age-major, Occu- Agril,342. Saili Kundalik Zirpe Age-major, Occu- Agril,343. Sochal Kundalik Zirpe Age major, Occu- Agril,344. Dinmesh Kundalik Zirpe Age major. Occu-Agril,345. Kundalik Baburao Zirpe Age-major, Occu-Agril.346. Vastala Shivram Dhage Age-major. Occu-Agril,347. Sudam Kashinath Gaike Age-major, Occu-Agril,348. Deelip Kashinath Gaike Age-major, Occu- Agril,349. Kashiram Rambhau Gaike Age-major, Occu-Agril,350. Deepak Prabhakar Gaike Age-major, Occu- Agril,351. Mandakini Madhukar Tidke Age-major, Occu-Agril,352. Madhukar Bapurao Tidke Age-major, Occu- Agril, 25 WP-4196-2016 judg.odt353. Manikrao Bapurao Tidke Age-major, Occu- Agril,354. Chandrakala Manikrao Tidke Age-major, Occu- Agril,355. Vishal Arjun Gore Age-major, Occu- Agril,356. Aaipini Vishal Gore Age-major, Occu- Agril,357. Mangal Arjun Gore Age-major, Occu- Agril,358. Sharda Appasaheb Gawade Age-major, Occu- Agril,359. Appasaheb Gopinath Gawade Age-major, Occu- Agril,360. Vimal Pradeep Gaike Age-m major, Occu Agril,361. Pradip Dapura Gaike Age-major, Occu- Agril,362. Manisha Prakash Gaike Age-major, Occu- Agril,363. Prakash Ganpat Gaike Age-major, Occu- Agril,364. Pratap Raosaheb Kapse Age-major, Occu- Agril,365. Lahanbai Prakash Gund Age-major, Occu- Agril.366. Praskash Nivrutti Gund Age-major, Occu- Agril,367. Neyhabai Annasaheb Thete Age-major, Occu- Agril, 26 WP-4196-2016 judg.odt368. Annasaheb Govind Thete Age-major, Occu- Agril,369. Manikrao Balasaheb Khurud Age-major, Occu- Agril,370. Ramesh Ganpat Jagtap Age-major, Occu- Agril,371. Surekha Ramesh Jagtap Age-major, Occu- Agril,372. Antonan Fransis Bhalerao Age-major, Occu- Agril,373. Lata Jalindar Takte Age-major, Occu- Agril,374. Jalindar Ramchandra Takte Age-major, Occu- Agril,375. Bhaurao Murlidhar Kasar Age-major, Occu- Agril,376. Babab Ramchandra Shinde Age-major, Occu- Agril,377. Anita Uttam Game Age major, Occu- Agril.378. Bebi Madhukar Ghare Age-major, Occu- Agril,379. Bhausaheb Madhav Sawant Age-major, Occu- Agril,380. Sunita Hemant Bahirwat Age-major, Occu- Agril,381. Ganesh Bhaskarrao Gholap Age-major, Occu- Agril,382. Kishor Bhaskarrao Gholap Age-major, Occu- Agril, 27 WP-4196-2016 judg.odt383. Raosaheb Sitaram Gholap Age-major, Occu- Agril,384. Bhakarrao Sitaram Gholap Age-major, Occu- Agril,385. Somnath Raosaheb Gholap Age-major, Occu- Agril,386. Balasaheb Denial Shinde Age-major, Occu- Agril,387. Surekha Balasaheb Shinde Age-major, Occu- Agril,388. Kailash Janardhan Bansod Age-major, Occu- Agril,399. Sandeep Baban Shinde Age-major, Occu- Agril,400. Bhausaheb Baban Shinde Age-major, Occu- Agril,401. Kadubai Baban Shinde Age-major, Occu- Agril,402. Savita Somnath Shinde Age-major, Occu- Agril,403. Vitthal Mohanrao Pawar Age-major, Occu- Agril,404. Usha Kishor Vidhate Age-major, Occu-Agril,405. Hemant Aasaram Bahirwat Age-major, Occu- Agril,406. Vithoba Raosaheb Ghode Age-major, Occu-Agril,407. Arjun Madhav Gore Age-major, Occu- Agril,
Legal Reasoning
28 WP-4196-2016 judg.odt408. Shrikant Fransis Bhalerao Age-major, Occu- Agril,409. Bapurao Fransis Bhalerao Age-major, Occu- Agril,410. Sangita Somnath Shinde Age-major, Occu- Agril,All R/o Taklibhan, Tq. Shrirampur, Dist. Ahmednagar411.The Administrator,Taklibhan, V.K.S.S.S. Ltd.Taklibhan, Tq. Shrirampur,Dist. Ahmednagar. ..RespondentsWITHWRIT PETITION NO.1580 OF 2017WITH CIVIL APPLICATION NO.10811 OF 2023Rahul S/o Appasaheb Patare,Age – 37 years, Occu. Agril,R/o Taklibhan, Tq. Shrirampir, Dist. Ahmednagar.… Petitioner.Versus1. The Hon’ble Minister (State),Co-operation Department,Mantralaya Mumbai-32.2. The Divisional Joint Registrar,Cooperative Societies, Nashik,Division, Nashik3. The Assistant Registrar,Cooperative Societies, Shrirampur,Tq. Shrirampur, Dist. Ahmednagar.4.The Administrator,Taklibhan, V.K.S.S.S. Ltd. 29 WP-4196-2016 judg.odtTaklibhan, Tq. Shrirampur,Dist. Ahmednagar.5. Bebitai Dadasaheb ShejulAge-major, Occu-Agril,6. Ganesh Appasaheb ShindeAge-major, Occu-Agril,7. Annasaheb Mohan ShelkeAge-major, Occu-Agril,8. Smita Sainath KhandagaleAge-major, Occu-Agril,9. Yamunabai Sundarbapu KhandagaleAge-major, Occu-Agril,10. Anita Navnath KhandagaleAge-major, Occu-Agril,11. Ajinkya Devidas KokaneAge-major, Occu-Agril,12. Vijay Devidas KokaneAge-major, Occu-Agril,13. Kishor Machindra LadAge-major, Occu-Agril,14. Suresh Machindra LadAge-major, Occu-Agril,15. Sharad Anil KhandagaleAge-major, Occu-Agril,16. Kavita Sunil KhandagaleAge-major, Occu-Agril,17. Vrushali Ajit KhandagaleAge-major, Occu-Agril,18. Jyoti Narendra KhandagaleAge-major, Occu-Agril, 30 WP-4196-2016 judg.odt19. Tai Vishnupanth KhandagaleAge-major, Occu-Agril,20. Divyani Vishnupanth KhandagaleAge-major, Occu-Agril,21. Anil Kashinath KhandagaleAge-major, Occu-Agril,22. Sunil Kashinath KhandagaleAge-major, Occu-Agril,23. Ninnath Gokuldas KhandagaleAge-major, Occu-Agril,24. Ravindra Tulshidas KhandagaleAge-major, Occu-Agril,25. Alka Tulshidas KhandagaleAge-major, Occu-Agril,26. Prabhabai Gokuldas KhandagaleAge-major, Occu-Agril,27. Abhijeet Dattatrya KapseAge-major, Occu-Agril,28. Priyanka @ Rani Ajit BodkheAge-major, Occu-Agril,29. Vandana Dattatraya KapseAge-major, Occu-Agril,30. Pragyabai Shankar DukreAge-major, Occu-Agril,31. Janabai Madhukarrao DukreAge-major, Occu-Agril,32. Pallavi Ratnakar RanwareAge-major, Occu-Agril,33. Deepika Ratnakar RanwareAge-major, Occu-Agril, 31 WP-4196-2016 judg.odt34. Bharti Ratnakar RanwareAge-major, Occu-Agril,35. Pramod Ratnakar RanwareAge-major, Occu-Agril,36. Mayuri Rahul KokaneAge-major, Occu-Agril,37. Satish Laxman RanwareAge-major, Occu-Agril,38.Suresh Kachru GaikwadAge-major, Occu-Agril,39. Vijay Kachru GaikwadAge-major, Occu-Agril,40. Rajendra Annasaheb ShelkeAge-major, Occu-Agril,41. Keru Chadidas JadhavAge-major, Occu-Agril,42. Bhagyashree Ganesh NagaleAge-major, Occu-Agril,43. Babasaheb Prakash BodkheAge-major, Occu-Agril,44. Deepali Yogesh MagarAge-major, Occu-Agril,45. Anil Laxman ChitaleAge-major, Occu-Agril,46. Sunil Laxman ChitaleAge-major, Occu-Agril,47. Renuka @ Bharti Anil ChitaleAge-major, Occu-Agril,48. Jayshree Laxman ChitaleAge-major, Occu-Agril, 32 WP-4196-2016 judg.odt49. Appasaheb Jairam ShindeAge-major, Occu-Agril,50. Rekha Rajendra KapseAge-major, Occu-Agril,51. Vandana Ratnakar DukreAge-major, Occu-Agril,52. Anuja Swapnil Dukre Age-major, Occu-Agril,53. Sangita Machindra DukreAge-major, Occu-Agril,54. Machindra Dattatraya DukreAge-major, Occu-Agril,55. Mandabai Bahirunath NagaleAge-major, Occu-Agril,56. Chandrakala Bahirunath NagaleAge-major, Occu-Agril,57. Kaveri Bahirunath NagaleAge-major, Occu-Agril,58. Neelima Sudhakar PatareAge-major, Occu-Agril,59. Mangal Devidas KokaneAge-major, Occu-Agril,60. Ramnath Bahirunath NagaleAge-major, Occu-Agril,61. Ramesh Sopan Mate,Age-major, Occu-Agril,62. Prashant Raosaheb KapseAge-major, Occu-Agril,63. Pratap Raosaheb KapseAge-major, Occu-Agril, 33 WP-4196-2016 judg.odt64. Shital Pradip Gaware,Age-major, Occu-Agril,65. Sudhakar Ambadas PatareAge-major, Occu-Agril,66. Shakuntala Sambhaji GaruleAge-major, Occu-Agril,67. Janabai Kushaba PawarAge-major, Occu-Agril,68. Ravi Amrut BodkheAge-major, Occu-Agril,69. Asha Ramesh BodkheAge-major, Occu-Agril,70. Harsh Sarjerao KapseAge-major, Occu-Agril,71. Chandrakala Appsaheb ShindeAge-major, Occu-Agril,72. Bhawana Satish JoshiAge-major, Occu-Agril,73. Sumit Rajendra KapseAge-major, Occu-Agril,74. Vaijayanti Rajendra KokaneAge-major, Occu-Agril,75. Popat Sitaram KolaseAge-major, Occu-Agril,76. Mahesh Sitaram GhagreAge-major, Occu-Agril,77. Pramod Rajendra GhagreAge-major, Occu-Agril,78. Sangita Raosaheb TodmalAge-major, Occu-Agril, 34 WP-4196-2016 judg.odt79. Raosaheb Sampatrao TodmalAge-major, Occu-Agril, 80. Santosh Balnath PathakAge-major, Occu- Agril,81. Sumitra Suryabhan GarjeAge-major, Occu- Agril,82. Ravindra Vishwanath GondkarAge-major, Occu- Agril,83. Sumanbai Vishwanath GondkarAge-major, Occu- Agril,84. Mukund Vishwanath GondkarAge-major, Occu- Agril,85. Yogita Ravindra GondkarAge-major, Occu- Agril,86. Shraddha Mukund GondkarAge-major, Occu- Agril,87. Laxmibai Bhausaheb ShindeAge-major, Occu- Agril,88. Bhausaheb Jairam ShindeAge-major, Occu- Agril,89. Lata Dnyandeo DabhadeAge-major, Occu- Agril,90. Sanjeevani Sanjay NawaleAge-major, Occu- Agril,91. Kanta Ashok NawaleAge-major, Occu- Agril,92. Sanjay Murlidhar NawaleAge-major, Occu- Agril,93. Shweta Dinesh JadhavAge-major, Occu- Agril, 35 WP-4196-2016 judg.odt94. Lalita Baban MusmadeAge-major, Occu- Agril,95. Swati Ravindra MusmadeAge-major, Occu- Agril,96. Sindhu Prakash MusmadeAge-major, Occu- Agril,97. Dyandeo Ashok KandalkarAge-major, Occu- Agril,98. Pramod Shivaji GawareAge-major, Occu- Agril,99. Alka Dattatraya Gaware,Age-major, Occu- Agril,100. Dattatraya Yamnath Jangale, Age-major, Occu- Agril,101. Dagdu Ganpat Thaksan Age-major, Occu- Agril,102. Kailash Dnyandeo Gaware Age-major, Occu- Agril,103. Ravindra Prakash Musmade Age-major, Occu- Agril,104. Prakash Balwant Musmade Age-major, Occu- Agril,105. Sanjay Dagdu Jangale, Age-major, Occu- Agril,106 Anita Sanjay Jangale, Age-major, Occu- Agril,107. Mahesh Bhausaheb Shelke, Age-major, Occu- Agril,108. Shobha Thaksan Bankar, Age-major, Occu- Agril, 36 WP-4196-2016 judg.odt109. Rajendra Karbhari Shelar, Age-major, Occu- Agril,110. Sanjay Karbhari Shelar Age-major, Occu- Agril,111. Rajendra Dagdu Jangale, Age-major, Occu- Agril,112. Vijay Parasram Gagare, Age-major, Occu- Agril,113. Alka Vijay Gagare, Age-major, Occu- Agril,114. Vitthal Balwant Musmade, Age-major, Occu- Agril,115. Tarabai Vitthal Musmade, Age-major, Occu- Agril,116. Karbhari Jababji Shelar Age-major, Occu- Agril,117. Varsha Ranjit Kavade, Age-major, Occu- Agril,118. Sagar Vijayrao Bhosale, Age-major, Occu- Agril,119. Kishor Sambhaji Garude Age-major, Occu- Agril,120. Vilas Sambhaji Garude Age-major, Occu- Agril,121. Ranjeet Rambhau Kawade Age-major, Occu- Agril,122. VijayraoKisanrao Patil Age-major, Occu- Agril,123. Vaishali Vijayrao Patil Age-major, Occu- Agril, 37 WP-4196-2016 judg.odt124. Vastlabai Mohan Wagh Age-major, Occu- Agril,125. Shanta Ratnakar Tidke Age-major, Occu- Agril,126. Gayatri Vishal Tidke Age-major, Occu- Agril,127. Vishal Madhukar Tidke Age-major, Occu- Agril,128. Surekha Vaibhav Tidke Age-major, Occu- Agril,129. Vaibhav Madhukar Tidke Age-major, Occu- Agril,130. Radhika Yadav Tidke Age-major, Occu- Agril,131. Yadav Babasaheb Tidke Age-major, Occu- Agril,132. Ganesh Ratnakar Tidke Age-major, Occu- Agril,133. Ratnakar Bapurao Tidke Age-major, Occu- Agril,134. Vilas Mohaniraj Tidke, Age-major, Occu- Agril,135. Ranjana Mohan Wagh Age-major, Occu- Agril,136. Savita Vilas Kapse Age-major, Occu- Agril,137. Laxmi Babasaheb Tidke Age-major, Occu- Agril,138. Santosh Sarjerao Kharad Age-major, Occu- Agril, 38 WP-4196-2016 judg.odt139. Jyoti Santosh Kharad Age-major, Occu- Agril,140. Dnyandeo Devrao Dabhade Age-major, Occu- Agril,141. Sandip Dnyandeo Dabhade Age-major, Occu- Agril,142. Santosh Dnyandeo Dabhade Age-major, Occu- Agril,143. Ashok Tukaram Shelar Age-major, Occu- Agril,144. Jayshree Ashok Shelar Age-major, Occu- Agril,145. Manisha Nitin Mungase Age-major, Occu- Agril,146. Bhausaheb Mohan Wagh Age-major, Occu- Agril,147. Manisha Bhausaheb Wagh Age-major, Occu- Agril,148. Jaya Sanjay Kote Age-major, Occu- Agril,149. Kamalbai Balasaheb Kote Age-major, Occu- Agril,150. Satish Prabhakar Joshi Age-major, Occu- Agril,151. Pallavi Santosh Aher Age-major, Occu- Agril,152. Lata Raibhan Aaher Age-major, Occu- Agril,153. Pallavi Satish Ghungarkar Age-major, Occu- Agril, 39 WP-4196-2016 judg.odt154. Nikita Shahaji Bhungarkar Age-major, Occu- Agril,155. Anuja Santosh Joshi Age-major, Occu- Agril,156. Pratik Satish Joshi Age-major, Occu- Agril,157. Deepak Balasaheb Kote Age-major, Occu- Agril,158. Shobha Deepak Kote Age-major, Occu- Agril,159. Sanjay Balasaheb Kote Age-major, Occu- Agril,160. Priyanka Deepak Aaher Age-major, Occu- Agril,161. Dipak Balasaheb Aaher Age-major, Occu- Agril,162. Satish Raibhan Aaher Age-major, Occu- Agril,163. Usha Balasaheb Aaher Age-major, Occu- Agril,164. Usha Shahaji Ghugarkar Age-major, Occu- Agril,165. Shivraj Shahaji Ghugarkar Age-major, Occu- Agril,166. Vilas Rambhau Jadhav Age-major, Occu- Agril,167. Ajeet Babasaheb Jadhav Age-major, Occu- Agril,168. Suraj Gorakshanath Kokane Age-major, Occu- Agril, 40 WP-4196-2016 judg.odt169. Rahul Rewannath Kokane Age-major, Occu- Agril,170. Ganesh Balasaheb Kokane Age-major, Occu- Agril,171. Prakash Mohan Wagh Age-major, Occu- Agril,172. Sonali Balasaheb Shelke Age-major, Occu- Agril,173. Komal Dattatraya Kapse Age-major, Occu- Agril,174. Sanjeevani Abasaheb Kapse Age-major, Occu- Agril,175. Abasaheb Yeshwant Kapse Age-major, Occu- Agril,176. Muktabai Yeshwant Kapse Age-major, Occu- Agril,177. Sangeeta Dipak Gaike Age-major, Occu- Agril,178. Rushikesh Anil Dhage Age-major, Occu- Agril,179. Nitin Ashok Dhage Age-major, Occu- Agril,180. Akshay Vijay Gaike Age-major, Occu- Agril,181. Mohini Shankar Shete Age-major, Occu- Agril,182. Shankar Sopan Shete Age-major, Occu- Agril,183. Kavita Sopan Shete, Age-major, Occu- Agril, 41 WP-4196-2016 judg.odt184. Chaya Ashok Dhage Age-major, Occu- Agril,185. Nikita Ashok Dhage Age-major, Occu- Agril,186. Ashwnini Anil Dhage Age-major, Occu- Agril,187. Anil Shivram Dhage Age-major, Occu- Agril,188. Ashok Shivram Dhage Age-major, Occu- Agril,189. Gangubai Raosaheb Kapse Age-major, Occu- Agril,190. Nikhil Ashok Dhage Age-major, Occu- Agril,191. Siddhant Arun Gaike Age-major, Occu- Agril,192. Kedarnath Shivaji Ghawate Age-major, Occu- Agril,193. Mangal Shivaji Ghawate Age-major, Occu- Agril,194. Shivaji Surchand Ghawate Age-major, Occu- Agril,195. Suchitra Ramdas Agale Age-major, Occu- Agril,196. Swapnil Ramdas Aagle Age-major, Occu- Agril,197. Suhasini Ramdas Angle Age-major, Occu- Agril,198. Ramdas Ranghnath Aagle Age-major, Occu- Agril, 42 WP-4196-2016 judg.odt199. Pramodini Kundalik Zirpe Age-major, Occu- Agril,200. Sayli Kundalik Zirpe Age-major, Occu- Agril,201. Snehal Kundalik Zirpe Age-major, Occu- Agril,202. Kundalik Baburao Zirpe Age-major, Occu- Agril,203. Vastala Shivram Dhage Age-major, Occu- Agril,204. Mandakini Madhukar Tidke Age-major, Occu- Agril,205. Madhukar Bapurao Tidke Age-major, Occu- Agril,206. Manikrao Bapurao Tidke Age-major, Occu- Agril,207. Chandrakala Manikrao Tidke Age-major, Occu- Agril,208. Antonan Francis Bhalerao Age-major, Occu- Agril,209. Shrikant Francis Bhalerao Age-major, Occu- Agril,210. Bapurao Francis Bhalerao Age-major, Occu- Agril,211. Vithoba Ravsaheb Ghode, Age-major, Occu- Agril,Respondent No. 5 to 211 All R/o Taklibhan, Tq. Shrirampur, Dist. Ahmednagar..Respondents... 43 WP-4196-2016 judg.odtAdvocate for Petitioner : Mr. Mahesh S. Deshmukh a/w Mr. RahulR. Karpe i/b Mr. S.S. GangakhedkarAGP for Respondents/State : Mr. S.N. KendreAdvocate for Respondent Nos.5 to 211 in WP/1580/2017 &Respondent No.51 in WP/4196/2016 : Mr. V.D. Hon, SeniorCounsel i/b Mr. A.V. Hon Advocate for Respondent Nos.4 & 6 : Mr. V.H. DigheAdvocate for Respondent No.5 : Mr. P.P. Khandagale PatilAdvocate for Applicant in CA/15009/2022 : Mr. D.J. ChoudharyAdvocate for Applicant in CA/10811/2022 : Mr. Vivek V. KabadeAdvocate for Applicant in CA/16284/2022 : Mr. A.B. Kale… CORAM : S.G. MEHARE, J. RESERVED ON : APRIL 04, 2024 PRONOUNCED ON : APRIL 30, 2024JUDGMENT :-1.Rule. Rule made returnable forthwith. Heard finallywith the consent of the parties.2.Petitioner, Rahul Patare has filed these two WritPetitions. In Writ Petition No.4196 of 2016, he has impugned theorder dated 06.04.2016 of respondent no.4/ /The District DeputyRegistrar Co-Operative Societies, Ahmednagar.3.The prayers in this writ petition read thus :“B.Issue writ of certiorari or any other writ or directionin the like nature thereby kindly quashed and set aside theimpugned order dated 06.04.2016 passed by the presentrespondent no.4-District Deputy Registrar CooperativeSociety, Ahmednagar and consequently the said applicationfiled by the petitioner on 06.04.2016 thereby sought deletionof 393 person from the final voter list and further necessary 44 WP-4196-2016 judg.odtorder to that effect to the present respondent no.6 –Returning Officer.”4.This Court, by order dated 07.04.2016, decided theprayer clause (C) and (D). The relevant portion of the order readsthus :".In the polling scheduled on 10-04-2016, the votescast by added respondents (total 393 deleted members)shall be kept in a separate ballot box. However, countingand declaration of results be deferred till next date."5.By way of amendment, the Petitioner added thefollowing prayer clause :“(B-1). By an order of this Hon’ble Court in the like natureof writ or any other appropriate order, kindly quashed andset aside the impugned order dated 11.08.2016 passed byrespondent no.1 in Appeal No.A-199/2016.” 6.In another Writ Petition No.1580 of 2017, he madethe following prayer :"B.Issue writ of certiorari or any other writ or directionin the like nature thereby kindly quash and set aside theimpugned order dated 03.01.2017 passed by the presentrespondent no.1 – Hon'ble Minister for CooperationDepartment (State) in Revision Application No.764/2016."7.The brief facts of the case were that the Petitioner wasthe member of the Taklibhan Vividh Karyakari Seva SahakariSanstha Ltd, Taklibhan, Taluka Shrirampur, District Ahmednagar,
Decision
45 WP-4196-2016 judg.odtthe respondent no.5. Respondent no.5 is the Registrar Societyunder the Maharashtra Co-operative Societies Act 1960 (‘Act1960’ for short) having its approved bye-laws on the competentauthority. Four hundred fourteen persons were removed from themembership registers as they were not agriculturists nor residentsof Taklibhan Village. Respondent no.5 had impugned the order ofrespondent no.3, deleting 414 persons by a Revision ApplicationNo.123/2015 before respondent no.2/Divisional Joint Registrar,Nashik Division Nashik. Respondent No.2 stayed the order ofRespondent No.3. During the intervening period, Respondent No.4 issued the election program for preparing the voters list on02.02.2015. 8.Respondent no.5 succeeded in protracting the revisionhearing before respondent No.2. Therefore, the Petitioner wasconstrained to file Writ Petition No.1663/2016. The said writpetition was disposed of on 09.02.2016, directing RespondentNo.2 to dispose of the revision application before it within astipulated time. Respondent no.2 belatedly allowed the saidrevision partly by order dated 04.06.2015 and remitted the matterto respondent no.3 for a fresh hearing. 9.Again, on 26.02.2016, respondent No.4 issued a finalvoter list for the election of respondent No.5 and declared the finalelection program on 04.03.2016. Since Respondent No.2 set aside 46 WP-4196-2016 judg.odtthe order of Respondent No.3, the names of those 414 personswere included in the final voter list published on 26.02.2016. ThePetitioner had filed another Writ Petition No.2835/2016 beforethis Court seeking direction against Respondent No.3 to dispose ofthe Application No.1/2014 (after the remand by respondent no.2).The High Court by order 10.03.2016 directed the Respondent No.3to dispose of the application in a specific time. In view of thedirection of the High Court, By order dated 06.04.2016,Respondent No.3 was directed to delete 393 persons (who arerespondents herein) from the membership register of RespondentNo.5. On the very same day of the order of Respondent no.3, thePetitioner moved an application before Respondent No.4requesting him to delete those 393 persons from the final voterslist. However, Respondent No.4 passed the impugned order. 10.The Petitioner has amended the petition as per theorder of the Court dated 30.08.2016 and impugned the order ofRespondent No.1 passed in Appeal Proceeding No. A-199/2016dated 11.08.2016. The said order was assailed on the ground ofno jurisdiction. Respondent No.1 had no powers to entertain theappeal against the appointment of the Administrator byRespondent No.2 on 24.05.2016. It has been submitted that theexisting management committee, whose term expired on07.05.2016, does not vest any right to continue in power. 47 WP-4196-2016 judg.odtTherefore, the order of Respondent No.1 dated 11.08.2016 isillegal and without any authority of law. 11.Respondent No.3 filed an affidavit in reply on20.04.2016. He submitted that by his order dated 06.04.2016, hedirected the deletion of 393 persons from the list of members. Hisaffidavit in reply is just on the facts.12.Respondent Nos. 201, 240, 365, 366, 238, 239, 381,382, 383, 384, 385 have filed their submissions in Marathi. Theirreply is a replica of each other's reply. In sum and substance, theircontention is that they were members of Society, Respondent No.5.Their names should be continued in the voter list. The final voterslist was not impugned. Respondent No.3 passed the order withoutnotice to them. As per Section 22 of the Act of 1960, themembership is not seized or cancelled for one month after theorder of Respondent No.3 under Sections 11 and 25 of the Act of1960. They have cast their votes. The objection raised to theirnames in the voter list cannot be raised after ten days. The petitionis not tenable. 13. He moved an application dated 06.04.2016 beforeRespondent no.4 to delete 393 persons who have been added asrespondents in this writ petition be deleted from the voters list ofthe election of respondent no.5. Respondent no.3, the AssistantRegistrar Co-operative Society, under his power under Section 11 48 WP-4196-2016 judg.odtand 25 of the Act 1960, ordered to delete the names of those 414persons from the membership register of respondent no.5. 14.Brief facts of Writ Petition No.1580 of 2017 weresimilar to the facts of Writ Petition No.4196 of 2016. In this writpetition, the 393 persons whose names were deleted from themembership register by Respondent No.3 by order dated06.04.2016 were impugned before Respondent No.2 by tworevisions registered as Civil Revision Application Nos.79 and 80 of2016. Respondent No.2, by order dated 24.08.2016, dismissedthose revisions. His order was impugned before the Hon'bleMinister-respondent no.1. By order dated 03.01.2017, he haspartly allowed the revisions and remitted the case to RespondentNo.3 for a fresh decision by giving the opportunity to thepetitioners. 15.The admitted facts of this case were that the electionof Respondent No.5 was completed as per the schedule declaredby Respondent No.4. The disputed members cast their votes. Byorder dated 07.04.2016, this Court had deferred the result ofelections. Further, by order dated 07.03.2017, the order dated07.04.2016 was modified to the extent of counting votes and notto the extent of declaration of results. The votes of the membersabout whose eligibility there is no dispute shall be counted, andalso the votes of members about whose entitlement there is a 49 WP-4196-2016 judg.odtdispute shall be counted by preparing two separate lists, and thislist by two separate envelopes and duly sealed under the authorityof the returning officer be submitted to this Court on or before thenext date. 16.It was further directed that the counting shall beconducted in the presence of the candidates and the representativeof the candidates in accordance with the rules on 15.03.2017 atthe place mentioned in the election program at 12.30 pm. It wasclarified that the result of the counting shall not be declared, andonly counting shall be done in the manner directed above, and thelist be submitted accordingly in two separate sealed envelopes.17.A common submission has been made by therespective counsels that the order dated 17.03.2017 has beencomplied with. The counting was done, and two separate lists dulysealed under the authority of the returning officer has beensubmitted to this Court. 18.Heard the respective counsels at length.19.A small question that goes to the root of this case iswhether 393 persons/respondents were eligible to be members ofsociety/Respondent No.5. If not, can their names be deleted fromthe final voter list? 50 WP-4196-2016 judg.odt20.The next question would be whether the votes ofthese 393 (actual votes cast 255) so-called members should becounted or not. 21. Learned counsel for the Petitioner has vehementlyargued that before the election program was declared, theobjections were raised that those 414 persons could not bemembers of Respondent No.5 society. He reiterated the factsdiscussed in the above paragraphs. He submitted that, as per thebye-laws of the Society, those persons were not eligible to bemembers of the Society. They were correctly deleted from theregister of members on two counts i.e; some of them were not theresidents of the operational area of the village, and some of themhad no agricultural lands. He referred to the order of RespondentNo.3 and submitted that after due inquiry, he categorically dividedthose members who had proved their residence in villageTaklibhan as having no residence and agricultural land in villageTaklibhan. He has vehemently argued that the bye-laws of theSociety prescribed the qualification to be a member of the Society.To become a member of the Society, the person willing to becomea member must be a resident of the village Taklibhan and musthave agricultural land within the village. He has vehementlyargued that Respondent No.3 has power under Sections 11 and 25of the Act of 1960 to examine the eligibility of the member of the 51 WP-4196-2016 judg.odtSociety and delete the names of those persons who are not eligibleto be a member of the Society. He supported the order ofRespondent No.3 and submitted that he had correctly exercised hispowers. The rest of his arguments were on the facts of preferringthe revision, its decision, filing various writ petitions and the lastimpugned orders. He would submit that the order of the Hon'bleMinister is passed ex parte and referred to the said order, which issilent about granting a hearing to the Petitioner. He alsovehemently argued that no revision lies against the order ofrespondent no.2 passed in Revision Application Nos.79 and 80.Therefore, the order of the Hon'ble Minister is also withoutjurisdiction. To bolster his arguments, he relied on the ShireenSami Gadiali and another Vs. Spenta Co-operative Housing Society Ltd and others, 2011 (3) Mh.L.J. 486. He prayed to allowthe petitions.22.Learned senior counsel, Shri V.D. Hon, for allrespondents whose names have been deleted, has vehementlyargued that the Petitioner was not the voter. Hence, he is notentitled to object under Rule 11 of the MCS Rules. On 26.02.2016,the final list of voters was enlisted. Therefore, the voters who haveentered the final voter list are entitled to cast a vote. He alsoreiterated the facts of the case. However, his further argumentswere that since the election process was completed, the Petitioner 52 WP-4196-2016 judg.odthas the only remedy to raise the election dispute under Section 91of the Act of 1960. Therefore, the election result should bedeclared first. He referred to Sections 11, 152 and 154 of the Actof 1960 and argued that Section 25A is the execution ofSection 11. He further argued that where the election dispute is aremedy, the High Court cannot consider the same relief under writjurisdiction. He further argued that the Hon'ble Minister hadcorrectly remitted the matter to Respondent No.3 to decide thedispute afresh. He has given the dates of events in the Index dated28.09.2017. He added that only the members of the Society havethe right to object under Rule 11 of Election Rules, 2014. Hefurther argued that the Petitioner was disqualified from being amember of the managing committee and the voter for the ensuingelection under Section 71A (1)(2) of the Act 1960 and wasresponsible for misappropriating the fund of Society. Therefore, hewas not named in the voter list. He added that the Hon'bleSupreme Court and this Court consistently viewed that theelection cannot be interfered with once the election is set inmotion. In the case of Ramkishan Shinde Vs. State ofMaharashtra, 1994 Mh.L.J. 1115, this Court held that once thevoters’ list is published finally, any change in the voters’ list is notpermissible. Respondent No.3 cannot exercise the powers underSection 11 of the Act 1960 to alter the final voters’ list once it is 53 WP-4196-2016 judg.odtpublished. In the case of Osmanabad Taluka Bhajipala Va PhaleUtpadak Prakriya Sanstha Ltd and another Vs The Collector,Osmanabad and others, 1989 C.T.J. 45, the Division Bench of thisCourt held that it is not appropriate for the High Court to interferewith the election process at the intermediate stage i.e. aftercommencement of the election process and before the declarationof the results. In Ashok Keshavrao Sonar Vs. State of Maharashtraand others, 2002 (1) ALL M.R. 595, after considering Sections 25Aand 35 of Act 1960, it is held that the petition itself is notmaintainable in the midst of the election process and the properremedy is election dispute. He further referred to the case of S.T.Muthuswani Vs. K. Natarajan, AIR 1988, SC 616, and argued thatit has been held that under Article 226 of the Constitution of India,the High Court can not interfere in the midst of the electionprocess, and the parties are to be directed to take appropriateefficacious remedy after declaration of the election results. Lastly,he referred to the case of Sant Sadguru Janardhan Swami(Moinguru Maharaj) Sahakari Dugdha Utpadak Sanstha Vs. Stateof Maharashtra, 2002 (1) Mh.L.J. 659 in which it has been heldthat the legality of the voter list cannot be gone into the midst ofthe election process, and the parties are to be left to take recourseof alternate remedy by way of election proceeding. In view ofthese submissions, he prayed to dismiss the petitions. 54 WP-4196-2016 judg.odt23.Learned Advocate Mr. Kale for the intervenorssubmitted that they have contested the election of Respondentno.5 society for the term from 2016 to 2021. Since this Courtdeferred the results of the election, therefore, in view of Section73AAA (3) of the Act of 1960, the term of the managingcommittee commences from the day on which the result of theelection will be declared and the term of the elected body wouldbe from the date of the first meeting of such elected body. Theseapplicants have also raised the objection to the locus of thePetitioner. He had challenged non-inclusion of his name in thevoter list by Writ No.2836 of 2016. However, he withdrew it. Inspite of these facts, he challenged the membership of 396members. It is the prayer of the applicants that the dispute raisedby the Petitioner created a mess, and the Society has no managingcommittee. Therefore, the matter would be heard on merit, andthe result should be declared as soon as possible. It seems from thecontents of the application and the arguments of learned counselfor the proposed intervenors that they have no arguable points.They just wanted to have a quick disposal of the writ petition.However, he added that once the final voter list is published, theeligibility and the legality of the members of the Society could notbe examined under Section 11. He also added that the remedy to 55 WP-4196-2016 judg.odtthe Petitioner is the election dispute under Section 91 of the Act of1960. 24. Learned counsel Mr. Dighe for respondent nos.4 and 6vehemently argued that Section 25A is not included in Section152. Hence, there shall be no two revisions. There was sufficientevidence to believe that they did not reside in the village. 25.The locus of the Petitioner has been vehementlydisputed on the ground that he was disqualified to be a managingcommittee member. Since financial responsibility was imposedupon him, he was not eligible to be a voter of the Society.Therefore, he has no locus to impugn the membership of thepersons enlisted in the membership register. 26. To be a member and a voter are two distinct concepts.The voter is a member of the Society, but the member may not bethe voter for the election. The respondents have not disputed thatthe Petitioner is a member of the Society. Needless to say that,every member of the Society has a right to question themembership of a person. Therefore, this Court does not find waterin the argument of the learned counsel for respondents that thePetitioner has no locus to object to the membership of the voterswho have been deleted from the register of members. 27. The vehement argument of learned senior counsel Mr.Hon goes towards the jurisdiction of this Court under Articles 226 56 WP-4196-2016 judg.odtand 227. Once the election process commences, the High Courtcan not interfere with the process under its extraordinaryjurisdiction. In the case laws relied upon by him cited supra, thelaw is declared that once the election program has progressed tothe advanced stage, the High Court should not exerciseextraordinary jurisdiction. In the case, of Ramkishan (supra), ithas been held that once the voter list is published, finally, anychange in the voter list is not permissible. The Registrar cannotexercise powers under Section 11 of the Act of 1960 to alter thefinal voter list after its publication. In that case, after the finalvoter list was published, an application under Section 11 of theAct of 1960 was filed before the Registrar, contending that thevoters included in the final list were not qualified. Under thispremise, the above ratio has been laid down. This is the consistentview.28.The facts of the case of Sant Sadguru (supra) werethat the provisional electoral roll was published, and theobjections were invited to the provisional electoral roll. The dateof publication of the final voter list was also published. However,before the date of declaring the final voter list, the StateGovernment had stayed the election of the Society on account ofthe rainy season. The State has also declared that wherenomination papers have not yet been filed, the elections stand 57 WP-4196-2016 judg.odtpostponed till 30.09.1999. The objections to the provisionalelectoral roll were filed and considered on the date scheduled forit. However, the Collector informed the concerned of the decisionof the Government to postpone the election. However, somerepresentations were made to the State Government to exempt theSociety from the order postponing the elections. The Governmentaccepted the representation of the Society and exempted it fromthe notification postponing the election. In view of theGovernment's directions, the Collector drew an election schedulefor holding elections in the Society. At that stage, the petitionersfiled a writ petition under Article 226 of the Constitution beforethe High Court praying to stay the order of the Collector drawingthe election schedule after the Government exempted the Society.In this case, there was no dispute about the eligibility of themembership of the Society nor the final voter list. Under thispremise, the High Court had declined to entertain the writ petitionunder Article 226 of the Constitution of India and the Hon'bleSupreme Court affirmed the view.29.Per contra, learned counsel for the Petitioner relied onthe case of Ahmednagar Zilla S.D.V. and P. Sangh Ltd and anotherVs. State of Maharashtra and others, AIR 2004 SC 1329 andargued that the Hon'ble Supreme Court in para 4 has observedthus: 58 WP-4196-2016 judg.odt"4. In Sant Sadguru Janardhan Swami (supra) this Courtmade the aforementioned observations keeping in view thefact therein the voters’ list was prepared in terms of theextant rules but certain irregularities were committed thereinbut where voter list has been prepared on the basis of non-existent rules the same would be illegal. " 30.In that case, the High Court directed to include thenames of respondents in the electoral roll, which the Hon'bleSupreme Court held justified considering the peculiar fact that theappellant placed no material to show that the amendments in thebye-laws have been carried out in accordance with the law.31.In brief, the dispute of the above case was that thegeneral body meeting of the Society was held wherein it wasproposed to amend the bye-laws. It was resolved in the saidgeneral body meeting that the milk supply societies to extent of200 litres per day in 300 days for last three years will becategorized as Class 'A' societies. It was also resolved that the milksupplying societies with more than 50 litres of milk daily in 300days for the last three years will be categorized as class ‘B'societies, and the societies supplying less than 50 litres of milk for300 days for the last three years will be categorized as class 'C'societies and it will be called as nominal members. The DivisionalDeputy Registrar has approved the amendment of the aforesaidbye-laws. Accordingly, the voters’ list was prepared for holding the 59 WP-4196-2016 judg.odtelection to constitute the managing committee of the Society. Therespondent had impugned the amendment before the JointRegistrar Co-operative Societies (Dairy). He allowed the appeal,holding that the amendment of bye-laws to be illegal andinasmuch as the same was issued without giving notice to themembers. The revision against that order was also dismissed. Theappellant preferred the writ petition before this Court. This Courtalso dismissed the writ petition. Under this premise, the questionwas whether the High Court ought to have entertained the writpetition by respondents or not take a back seat in the instant caseas it was for the appellant herein to show that the amendments inthe bye-laws have been carried out in accordance with the law.The Hon'ble Supreme Court affirmed the view of this Court. 32.Pursuant to the above view, the learned counsel forthe Petitioner has argued that the writ petition is well maintainedin the instant case as the provisional and final voter list wasprepared on the basis of no qualification to become a member. Hefurther argued that the source of the voter list is the membershipregister. The eligibility and qualification of the voter is decided onthe basis of the qualifications provided in the bye-laws of theSociety. Herein, the respondents claiming to be the voters wereprimarily not eligible to be members of the Society. Hence, addingthem to the voter list is based on non-existent rules, and it is 60 WP-4196-2016 judg.odtillegal. Therefore, this Court may well exercise extraordinaryjurisdiction. 33.He further relied on the case of Pundlik Vs. State ofMaharashtra and others, (2005) 7 SCC 181 and referred para 9 ofthe said judgment. The facts in brief of the case were that theelection program was declared, and the names of therepresentatives of the Society were invited. The name ofRespondent No.7 as a delegate was sent. Thereafter the Collectordeclared the election program, mentioning that if the Societywanted to change the names of its delegates, it could do so, at thelatest by 10.06.2005. Pursuant to the said communication fromthe Collector, the managing committee convened a meeting on09.06.2005 and decided to send the names of the Petitioner as itsdelegates by passing an appropriate resolution. Respondent No. 7had raised the dispute before the Cooperative Court which waspending. The appellant had a case that the Divisional DeputyRegistrar, vide its communication dated 18.06.2005, to the JointRegistrar Co-operative Society informed that the resolution 7 ofthe Society was correct. Accordingly, the Collector finalized thevoter list and published the voter list on 27.06.2005. By orderdated 28.06.2005, the Collector informed the appellant that in thelist of subjects of the meeting, there was no subject of changingthe name of the representative of the Society and therefore, the 61 WP-4196-2016 judg.odtchange of representative in the meeting dated 09.06.2005 was notproper. The appellant had impugned the said communication inthe Writ Petition. The High Court dismissed the writ petition.Under this premise, the Hon'ble Supreme Court observed that onmerits, it is true that the High Court of Bombay, in several cases,held that preparation of the voter's list is an integral process andthe Court would not interfere at that stage. Strong reliance wasplaced on Sant Sadguru (supra) case. It was contended by therespondents that the preparation of the electoral roll is an interimstage in the process of election of the specified Society, and theCourt should not stay or interfere with the said election process.The Hon'ble Supreme Court in para 9, has observed thus :"9. We are unable to uphold the contention. In Sant SadguruJanardhan Swami, this Court had an occasion to consider therelevant provisions of Act and Rules. Referring to section 144-X of the Act, the Court observed that preparation of voters listis one of the stages of election. It is true that according to thisCourt, normally the High Court would not interfere inexercise of powers under Article 226 of the Constitution at thestage of preparation of voters but such action must be inaccordance with law." 34.The law laid down by the Hon'ble Supreme Court inthe above case, if the action preparing the voter list is inaccordance with law, the High Court would not interfere in theexercise of power under Article 226 of the Constitution. In other 62 WP-4196-2016 judg.odtwords, it may be stated that the rules for preparing the voter listare followed. The High Court, under extraordinary jurisdiction,should not interfere in the process. However, the process ofpreparing the voter list is again not in accordance with the law.The High Court can very well exercise extraordinary jurisdictionunder Article 226 of the Constitution of India. This Court, in thecase of Ankita Gaurav Mungad and Others Vs. The State ofMaharashtra and Others, Writ Petition No.511 of 2023, decided on27.03.2023 observed that this being an election matter, this Courtwould be very slow in interfering with the election process.However, a large number of voters are sought to be deleted byimpugned orders of respondent no.2 who traveled far beyond thescope of Rule 7 and lastly set aside the order deleting such largenumber of voters. He further relied on the case of Ankushbhau s/oJuglal Baghele and Ors Vs. State of Maharashtra and Ors, WritPetition No.1686 of 2022 decided on 13.04.2022 (at NagpurBench) and argued that where the illegality is not minor ortechnical, the Writ Court cannot turn a blind eye and be a mutespectator and can very well exercise the extraordinary jurisdiction.In that case, on the day of filing the petition, the election processcommenced, and during the pendency of the petition, the electionprocess was significantly processed, and the stage of accepting thenomination form was over. In that writ petition, the order of the 63 WP-4196-2016 judg.odtDistrict Election Officer deleting 50 names of the voters was alsoimpugned. In that case, the case of Dattatray Ganaba Lole andOrs Vs. Divisional Joint Registrar, Co-operative Societies and Ors,2021 SCC Online Bombay 4578 was relied on. In the saidjudgment, in para 46, it was observed thus:"46.The only circumstances in which the Courts would beinclined to interfere in a challenge to an election process atan intermediate stage would be when the order of actionunder challenge is patently and demonstrably illegal, such as,for example, by applying a non-existent rule or provision tothe election process of failing to adhere to a mandatoryprovision. The intervention in such cases has been explainedenabling or assisting the process of election rather thanthwarting or stalling it. Also, one of the important aspects toconsider is the precise stage of the election process and thedelay, if any, in the filing of the petition. "35.The Court on the above premise, held that theillegality is not of minor or technical nature and Writ Court cannotturn a blind eye and be a mute spectator on the jurisprudentiallogic that the election process has commenced and the writ Courtought to be loathe to interfere. 36.Once again, it is reiterated that eligibility to a memberof the Society was challenged long before the election programwas declared. However, during the pendency of that dispute, inthe meantime the election process was declared. 64 WP-4196-2016 judg.odt37.The factual matrix of this case was that the Petitionerhad preferred an appeal under Section 25A r/w 11 of Act 1960 on04.08.2014 before Respondent No.3. He decided that appeal on04.06.2015. The said order was assailed before Respondent No.2under Section 154 of the Act of 1960 vide Revision ApplicationNo.123/2015. The Chairman and Secretary of thesociety/Respondent No.5 and 396 so-called members haveimpugned the said order. That appeal was decided on 24.02.2016.Respondent No.2 remitted the matter to Respondent No.3 for afresh decision. During the pendency of that revision, the order ofRespondent No.3 dated 04.06.2015 was stayed. Respondent No.3again heard all the parties and decided the appeal on merit,declaring 337 members ineligible to be members of the Society byhis judgment dated 06.04.2016. In interregnum, the provisionalvoter list was published on 03.02.2016. Since there was a stay tothe earlier order of respondent No.3, all these members wereenlisted in the voter list. The order dated 06.04.2016 was againassailed in revision No.79 of 2016 and 80 of 2016. RespondentNo.2, by order dated 24.08.2016, dismissed the revisions andupheld the order of Respondent No.3. The members who arerespondents here were not held eligible to be the member of theSociety on the grounds that some of them were not the resident ofthe village and some of them have no agricultural land in the 65 WP-4196-2016 judg.odtvillage. The learned counsel for the Petitioner has correctlypointed out that till date, none of them have produced anyevidence that they reside in the village and have lands in thevillage. None of the learned counsel disputed that the qualificationto become a member of the Society was the residence of the areaof the operation of the Society and have agricultural land withinthe area of the operation of the Society. None of the lawyers forrespondents commented on it. 38.Section 11 of the Act of 1960 empowers the Registrarto decide whether the person is an agriculturist or not or whetherany person resides in the area of the operation of the Society ornot. Therefore, Respondent No.3 has correctly exercised thepowers. Pursuant to the decision on the questions mentionedabove under Section 25A of the Act 1960, the committee of theSociety has to remove from the register of its members the namesof persons who have ceased to be a member or who standdisqualified by or under the provisions of the Act or the rulesmade thereunder for being the member or the member continuingto be the member of the Society. Suppose the Society does notcomply with the requirements of this section, in that case, theRegistrar shall direct such Society to remove the name of suchpersons, and the Society shall be bound to comply with suchdirections. 66 WP-4196-2016 judg.odt39.It has been correctly argued by learned counsel Mr.Dighe for respondent Nos. 4 and 6 that Section 25A is theexecution of the orders passed under Section 11. However, thedispute was pending before the revisional authority. As per therequisite qualifications, their names were listed on the voters list. 40. The question as raised is whether such persons whoare primarily not eligible to be members of the Society canexercise their right to vote and, if they exercised their rightsduring the pendency of a dispute about their eligibility, if theirvote is valid and legal. Obviously, the answer is no. 41.The impugned order of the Hon'ble Minister has alsobeen assailed on the ground that there shall be no second revisionagainst the order of respondent No.2. However, he exceeded itsjurisdiction in passing the order under a revisional jurisdiction. 42.The Full Bench of this Court in Shireen Sami (supra),has occasion to deal with the revisional jurisdiction of the StateGovernment and the Registrar. Respondent No.2 has exercised therevisional power under Section 154 of the Act of 1960. The brieffacts of the above case were that the recovery certificate grantedby the Deputy Registrar under Section 101 of Act 1960, wasimpugned under Section 154 of the Act before Divisional JointRegistrar. He allowed that revision and set aside the order of theDeputy Registrar. The Petitioner had challenged that order by 67 WP-4196-2016 judg.odtfiling the revision under Section 154 before the State Government.State Government by order dated 19.07.2010, held that therevision against the order of Divisional Joint Registrar before theState Government under the provisions of Section 154 was notmaintainable. The said order was challenged in the writ. Thequestion of law in Writ Petition No.6403 of 2010 was referred tothe Larger Bench, which reads thus : (i)Whether sub-section (1) of Section 154 of Maharashtra Co-operative Societies Act, 1960 gives concurrent jurisdiction to theRegistrar and the State Government to exercise power?(ii)Whether the power of revision under sub-section (1) ofSection 154 of the said Act can only be exercised once and cannotbe exercised twice over?43.In another Writ petition No.7293 of 2010, thequestions of law was referred to the Larger Bench which readsthus:(i)Whether the remedy under Section 154 of the MaharashtraCooperative Societies Act, 1960 is available to an aggrieved partyas a matter of right?(ii)Whether the remedy available under Section 154 of the saidAct can be said to be efficacious and adequate remedy?44.The Hon'ble Full Bench crystallized the provisions ofSection 154 of the Act 1960 and observed in para 10 that “The 68 WP-4196-2016 judg.odtSupreme Court, thus, has clearly held that once the legality or thepropriety of an order has been examined by an authoritypossessing revisional jurisdiction, there is no question of anotherauthority in exercise of the same revisional jurisdiction againconsidering the legality and propriety of the decision in revision.In other words, a decision taken in revisional jurisdiction cannotbe subjected to further revision unless there is a specific provisionmade in that regard. In our opinion, therefore, in view of the clearscheme of section 152 and section 154 and the observations of theSupreme Court referred to above, the position is absolutely clearthat an order passed in exercise of revisional jurisdiction underSection 154 cannot be subjected to scrutiny in exercise ofrevisional jurisdiction again under the provisions of Section 154 ofthe Act.” 45.The law laid down by the Hon'ble Full Bench aboutthe revisional jurisdiction of the State Government under Section154 of the Act after its exercise by the Registrar is crystal clear thatthe State Government has no power to re-examine the legality andpropriety of the orders and exercise the same power again.Therefore, the impugned order of the Hon'ble Minister is withoutjurisdiction. 46.In Writ Petition No.4196 of 2016, by way ofamendment, the order of respondent No.2 dated 11.08.2016 69 WP-4196-2016 judg.odtpassed in Appeal No.199/2016 has also been assailed on theground that it was an order without jurisdiction and authority. Inthe backdrop of amendment provisions under Section 73AAA (3),which in ambiguous terms mandates that the term of electedmembers and its office bearers shall be five years. Sub-section (3)of Section 77A was deleted vide effect from 14.02.2013, contraryto the amended provisions of Section 73AAA (3) of the Act, 1960.47.Respondent No.2 in the said Appeal No.199/2016 wasdealing with a notice dated 06.05.2016 issued under Section 77Aof the MCS Act issued to the then managing committee callingupon them why the Administrator should not be appointed for theSociety. He invited their written say on or before 24.05.2016. Theyresisted that notice and opposed the appointment of theAdministrator. Respondent No.3, the Assistant Registrar, made thedecision to appoint an Administrator by order dated 24.05.2016.Respondent no.1 relying on the judgment of this Court inGhatageppa Parreppa Megeri and Ors Vs. M.R. Naik and ors, 1984(0) AIR (Bom) 56 : 1983 (O) Mh.L.J. 1984, held that it is not acase to which Clause (b) of Section 77A (1) was attracted in thepresent case. Therefore, the exercise of power by the AssistantRegistrar, Cooperative Societies to appoint the Administrator iswholly illegal, and finally he quashed and set aside that order. 70 WP-4196-2016 judg.odt48. The petitioner with others had impugned the aboveorder However, by a Writ Petition No.6221 of 2016 against thesitting managing committee members. It has been observed thatthe proviso to sub-section (3) of Section 77 A came to be deletedfrom 14.02.2013, and Section 73-AAA (3) was reproduced andheld that the aforesaid provisions that no scope is left to theDirectors of the Cooperative Societies to continue in office whenthe term of direct expires and the office bearers also cannotcontinue in the office. It appears that the learned Divisional JointRegistrar considered the provision which was already deleted, andreferred the case of Ghatageppa. The observations in the said casewere made by this Court in view of the previous provisions of theAct, and it was held that there was no failure on the part of themembers of the Society to elect members of the managingcommittee and so previous members were entitled to continue inthe office. It has been further observed that the previous officebearers are interested in getting the result in favour of aforesaid393 voters, and they want that these persons need to be allowedto vote in the elections. Finally, the order dated 11.08.2016 wasset aside, and the order of the Assistant Registrar dated24.05.2016 was restored. Nobody has pointed out that this orderwas impugned before the Higher Court or modified the order ofthis Court. 71 WP-4196-2016 judg.odt49.It seems that the petition was amended on the sameday on the orders passed in the above application. However, thatissue has attained finality.50.The facts of this case, as pleaded, were that thePetitioner has objected to the membership of the respondents whohave been disqualified on 04.06.2015 to the eligibility of thecontesting respondents to be a member of the Society. In themeantime, when the dispute was pending about the eligibility ofthe membership, the provisional list, including their names, waspublished on 03.02.2016. on 09.02.2016, the election wasdeclared. All these facts were pleaded, and keeping in mind thedeclaration of election, the right of the voters deleted frommembership by Respondent No.3 under Section 11 and 25, thisCourt has consciously passed the order on 07.04.2016 allowingthem to cast the vote and those votes be kept in a separate ballotbox. This Court, by no order, disturbed the election program. Theelection process was completed. The voters have cast their votes.However, this Court, by the same order, deferred the declaration ofthe result till the next date. Thereafter, the order dated07.03.2017, as discussed above, was also passed. This way orotherwise, the matter remained pending, and that could not beheard finally. However, the declaration of the result was deferredfrom time to time. Apparently, the members of the respondents 72 WP-4196-2016 judg.odtwhose names had been deleted were impugned long beforepublishing the voter list and the election program commenced. Atthe cost of repetition, this Court never disturbed the electionprocess. On the contrary, the Court allowed the completion of theelections by putting in certain conditions, as mentioned above. 51.In view of the above discussion, it is held that therewas patent illegality in admitting 393 persons as members.Therefore, this Court can exercise extraordinary jurisdiction. TheAssistant Registrar/Respondent No. 3 correctly held that they werenot eligible to be members of the Society since the register of themembers is the source of the voters list, and they were not eligibleto be the voters. Adding them to the voter's list is defective. Theirmembership was impugned long before the publication of theprovisional voter list, and that issue was subjudice before thecompetent authority. Therefore, in these peculiar circumstances, itcannot be said that once their names were published in the finalvoter list, this Court cannot disturb the election program byexercising the power under Article 226 of the Constitution ofIndia. In these peculiar circumstances, the petitions aremaintainable. That apart, the election process was never disturbedby this Court. Only the issue of voter’s eligibility was underconsideration before this Court and other competent authorities.They were allowed to cast votes, keeping their ballots in a separate 73 WP-4196-2016 judg.odtbox. These acts do not disturb the election process in the midst ofthe election program. 52. It is declared that 393 voters were not qualified to bevoters. Hence, their votes (255 voters who had cast their votes)should not be counted when declaring the election.53. It is further declared that the impugned order of theHon'ble Minister dated 03.01.2017 stands quashed and set asideas it was without jurisdiction, and the orders of Respondent No.2i.e. the Divisional Joint Registrar dated 13.12.2016, and the orderof Respondent No.3/Assistant Registrar dated 04.06.2016 arerestored. 54. The order of Respondent No.2 passed in RevisionApplication Nos.79 of 2016 and 80 of 2016 dated 24.08.2016, andthe order of Assistant Registrar/respondent no.3 dated 06.04.2016stands confirmed.55. In view of the above, both writ petitions standdisposed of. 56.All pending civil applications stand disposed of.57.Rule made absolute in above terms.58. The Registrar (Judicial) is directed to return theenvelopes deposited with him as per the orders of this Court dated07.03.2017 to respondent No.4 or any officer authorized by himon 03.05.2024, and he is directed to declare the election results 74 WP-4196-2016 judg.odtwithin three days thereafter, excluding the members not qualifiedto vote i. e. 393 (actual votes 255) voters as per the electionprogram by giving a public notice to all concern at the place as perthe election program. 59.Learned counsel for the disqualified voter Mr. Honsubmits that he wants to impugn the order to the Hon’ble SupremeCourt. Therefore, this order may be stayed for eight weeks.60.Learned counsel for the petitioner strongly opposedthe prayer and submitted that the result of the election is withheldsince 2016. Any public body should not be kept ungoverned by abody elected by democratic election.61. Considering the issue involved in the case, it wouldbe unjustifiable to stay the impugn order for further period as theelection was completed in 2016 and only results remained to bedeclared. Hence, the request of learned counsel Mr. Hon cannotbe entertained. (S. G. MEHARE, J.)Mujaheed//