(1) wp-5644-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5644 OF 2026 VIJAY S/O DIGAMBAR WALSE VERSUS SEVA SAHAKARI SOCIETY AND ORS. ... Mr. V. D. Salunke, Advocate for Petitioner. Mr. G. R. Ingole, Advocate for Respodnent No.1. Mr. S. K. Kadam, Advocates for Respondent Nos.2 and 3. … CORAM : S. G. CHAPALGAONKAR, J. RESERVED ON : 16th JUNE, 2026. PRONOUNCED ON : 22nd JUNE, 2026. ORDER:- 1. The present Writ Petition takes exception to order dated 25.05.2026 passed by respondent no.2 District Co-operative Election Officer and Divisional Joint Registrar, Co-operative Societies, Latur, thereby rejecting petitioner’s objection for inclusion of name of delegate of respondent Society in voters list for election of Nanded District Central Co-operative Bank (for short ‘NDCC Bank’) for term 2026 to 20231. 2. The elections of NDCC Bank are due. The respondent no.2- State Co-operative Election Authority invited nominations of delegates from member Society. The respondent no.2 is member Society of NDCC Bank, who passed Resolution dated 07.04.2026 nominating its delegate. Accordingly, name of respondent Society was included in provisional voters list. 2026:BHC-AUG:24272 (2) wp-5644-2026.odt 3. The petitioner, who is member of respondent no.1 Society raised objection to inclusion of name of respondent no.1 in voters list on ground that as on cut off date for eligibility fixed under Notification of respondent no.2, Society was defaulter and not eligible to include in voters list. It is submitted that on 20.04.2026, Society cleared its dues, which itself shows that it was defaulter on 03.04.2026 i.e. date fixed for eligibility as per Notification dated 12.03.2026. However, respondent no.2 rejected petitioner’s objection. 4. Mr. Salunke, learned Advocates appearing for petitioner submits that there were dues of Rs.1282/- against Society, which has been cleared on 20.04.2026 i.e. after cut off date. Eventually, in terms of Section 73CA(1)(f)(1)(2) read with Section 73CA(1)(f)(3) read with Section 27 of Maharashtra Co-operative Societies Act, 1960 (for short ‘MCS Act, 1960’), Society suffered disqualification. 5. Per contra, Mr. Ingole, learned Advocate appearing for respondent no.1 submits that there were running dues of interest, which were cleared on 20.04.2026 and, therefore, as on date of Resolution of Society nominating its delegates, Society was not in default. 6. Having considered submissions advanced by learned Advocates appearing for respective parties, it can be observed that Section 27(10) of MCS Act, 1960, a member who has taken loan (3) wp-5644-2026.odt from Society and has committed default in repayment thereof loses his right to vote in affairs of Society. Section 73CA prescribes for disqualification of Committee and its members. Clause (f) of Sub- clause (1) deals with disqualification pertaining to DCC Bank or State Co-operative Bank. Sub-clause (i) of Sub-clause (f) prescribes that person who represents Society other than primary agricultural credit co-operative society shall be disqualified, if Society to whom he represents had committed default towards payment of dues. Similarly, bye-laws of DCC Bank provides for disqualification of default. 7. In light of aforesaid legal position, if record tendered before this Court is perused, it is undisputed that respondent Society deposited amount of Rs.1282/- at Himayatnagar Branch of NDCC Bank on 20.04.2026. The NDCC Bank also clarified that on 01.04.2026 interest amount of Rs.1282/- was due towards Society and same has been cleared on 20.04.2026. As per Notification dated 12.03.2026 issued by respondent no.2 eligibility for inclusion in voters list is to be fixed as on 03.04.2026. Apparently, respondent no.1 Society was in default as on date of 01.04.2026, which is cleared after date of eligibility fixed under Notification. The impugned order suggests that objection to inclusion of name of respondent no.1 has been rejected only on ground that dues are cleared after cut off date. At this stage, reference can be given to (4) wp-5644-2026.odt observations of Supreme Court in case of Himat Vs. Rajendra and Others (Civil Appeal No.905/2021 decided on 15.03.2021), which reads as under: “3. The view so taken by the High Court is completely erroneous and is based on factual error in not adverting to the notification dated 27.12.2019 issued by the District Cooperative Election Officer. According to that notification, the primary voters list was to be prepared on the basis of cut-off date as 07.05.2020. Further, as per Section 27 of the Maharashtra Cooperative Societies Act, 1960, the defaulter members on the cut-off date are not eligible to vote and, therefore, cannot participate in the election process. 4. In the present case, admittedly, respondent No.6- Society, whom the respondent No.1 was representing as its nominee had paid the outstanding dues only on 27.11.2020, much beyond the cut-off date of 07.05.2020. On this count alone, the writ petition filed by respondent No.1 should have been rejected by the High Court.” 8. In light of aforesaid legal position, it is apparent that respondent no.1 Society has been included in voters list although it was disqualified. This Court finds that such inclusion is contrary to provision of Act, Rule and bye-laws. The respondent no.2 failed to consider objection raised by petitioner in judicious manner or in accordance with mandate of MCS Act, 1960 as well as bye-laws of Society. 9. In result, Writ Petition succeeds and allowed in terms of prayer Clauses (B) and (C). (S. G. CHAPALGAONKAR) JUDGE Devendra/June-2026