1 1030.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11910 OF 2026 ARUN MARUTI KOLPE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS ... Advocate for Petitioner : Mr. Yuvraj S. Choudhari AGP for Respondent Nos. 1, 2 & 4 : Ms. K.S. Hoke Patil Advocate for Respondent No. 3 : Mr. Dighe Vitthal Haribhau Advocate for Respondent No. 5 : Mr. Vijay B. Jagtap … CORAM : MANJUSHA DESHPANDE, J. DATE : 11th SEPTEMBER, 2026 PER COURT : 1. In continuation of the order passed by this Court on 07.09.2026, Respondent no. 5 has today produced a certificate showing that the resolution has been passed by the Panch Committee Sabha, dated 08.09.2026, to the effect that the 14 Petitioners before this Court have already cleared their dues and there are no pending dues against those Petitioners. Therefore, the Society does not have any objection for inclusion of their names in the voters’ list of the election for Respondent no. 5 / Society for the period from 2026 to 2031. 2. As observed in the order dated 07.09.2026, the names of the Petitioners were not included in the provisional voters’ list on the ground 2026:BHC-AUG:42168 2 1030.odt that they were defaulters on the date of provisional voters’ list was published on 14.08.2026. It is the case of the Petitioners that since the loans availed by them have been paid by the government by the scheme floated by the government vide resolution dated 02.06.2026, namely Punyasholk Ahilyadevi Holkar Shetkari Karjmukti Yojna, 2026 and the loans of the Petitioners have been waived under the loan waiver scheme. 3. Pursuant to the loans of the Petitioners being cleared, certificates have been issued by Respondent no. 5 / Society, the certificates to that effect have been annexed to the Writ Petition. As per the programme declared by the District Co-operative Election Officer and District Deputy Registrar Co-operative Society, Ahmednagar, the last date for raising objections to the provisional voters’ list was 24.08.2026. The date for deciding the objections received up to 24.08.2026 was 03.09.2026 and the last date for declaring the final voters’ list is 08.09.2026. The Petitioners have undoubtedly cleared their loan accounts and are no more defaulters as per the certificates annexed to the Writ Petition as well as the certificates issued by Respondent no. 5 / Society. 4. Learned Advocate for the Petitioners has relied on two decisions of this Court of the co-ordinate bench in Writ Petition no. 897/2016 in Shamrao B. Kadam and Others Versus District Co-operative Election Officer and Others and in Writ Petition Stamp no. 16845/2025, in 3 1030.odt Shriram Santosh Patil and Others Versus The District Co-operative Election Officer and Others, where this Court has taken a view that if the Petitioners ceases to be defaulter of the Society, the disqualification incurred by them under Section 73 CA (1) of the Maharashtra Co- operative Societies, Act, ceases to exist. 5. The Petitioners have challenged the order passed by the District Co-operative Election Officer and District Deputy Registrar Co- operative Societies, Ahilyanagar, dated 03.09.2026, where they have raised objection to the deletion of their names from the provisional voters’ list, which been turned down, on the ground that the objections raised by them were issued after the cut off date i.e. 24.08.2026. Thus, according to Respondent no. 3, after the election programme was declared by the District Co-operative Election Officer, the objections could not be entertained. Although their objections have been turned down on 03.09.2026, Respondent no. 5 / Society has given their its objection for inclusion of the names of the present Petitioners in the final voters’ list. 6. Learned Advocate appearing for Respondent no. 3 submits that although the final voters’ list has been published on 08.09.2026, the further election programme is yet to be published. 7. Even though the final voters’ list has been published on 4 1030.odt 08.09.2026, the objections were already raised by the Petitioners on 02.09.2026. Since they ceased to be defaulters on 27.08.2026, itself, due to the waiver of loan of the Petitioners waived as per the Ahilyadevi Holkar Shetkari Karjmukti Yojana. The disqualification incurred by them ceased to exist, when the final voters’ list was published on 08.09.2026. Thus, making them eligible to be valid voters. 8. Therefore in view of the two decisions referred (supra), the Writ Petition deserves to be allowed by directing Respondent no. 3 to include the name of the Petitioners who no more incur the disqualification of being a defaulter and deserve to be included in the final voters’ list of Respondent no. 5 / Society for the ensuing elections for the period of 2026 to 2031. 9. In the wake of the aforementioned observations, the impugned order passed by Respondent no. 3 dated 03.09.2026, is quashed and set aside and Writ Petition is allowed in terms of prayer clause ‘B’. 10. The parties to act upon authenticated copy of this order. ( MANJUSHA DESHPANDE, J. ) SPC