wp-6664-2026.odt (1) 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 2026:BHC-AUG:27863 wp-6664-2026.odt (2) 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 wp-6664-2026.odt (3) 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/-. wp-6664-2026.odt (4) 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 wp-6664-2026.odt (5) 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. wp-6664-2026.odt (6) 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. wp-6664-2026.odt (7) 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