4574-2026-WP.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4574 OF 2026 Gondawale Vividh Karyakari Seva Sahakari Sanstha Maryadit … Petitioner Vs. The State of Maharashtra & Ors. … Respondents …………. Mr. Rahul Khot a/w Nitin Nikam i/b Harsh Arun Khot for the Petitioner Mr. Ruturaj Pawar for respondent Nos. 2 and 3 Mr. Sanjay D. Rayrikar, AGP for the Respondent Nos. 1 & 4. …………. CORAM : SHAILESH P. BRAHME, J. DATE : 15th SEPTEMBER, 2026. FINAL ORDER : . Heard both sides. 2. The petitioner is challenging order dated 07.09.2026 passed by the Returning Officer refusing to incorporate its name in the provisional voters list as the Resolution was not submitted with the stipulated period. 3. Learned counsel for the petitioner would submit that there were compelling circumstances which prevented the petitioner to present Resolution within stipulated period. Its administrator had already informed the Returning Officer on 04.08.2026 regarding inability which should have been accepted. No fault is attributed to the petitioner for not presenting the Resolution within stipulated period. My attention is Uday S. Jagtap 1 of 3 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2026.09.17 16:09:09 +0530 4574-2026-WP.doc adverted to the documents to indicate that the result was declared on 02.08.2026. The Resolution was passed on 16.08.2026 and it was submitted on 19.08.2026. 4. Learned counsel for the respondent – Returning Officer would submit that there is no provision to condone the delay. The Resolution was to be submitted on or before 05.08.2026 which was submitted on 19.08.2026. He would place on record the public notice dated 30.06.2026 and my attention is invited to Clause 5 which spells out the situation when the primary society has no elected body and is looked after by the Administrator. 5. By public notification dated 30.06.2026, it was informed by the Co- operative District Election Officer that the Resolutions for nominating the representative was to be submitted from 07.07.2026 to 05.08.2026. The earlier body of the petitioner was dissolved on 23.01.2026. The Administrator was looking after the petitioner. The election was conducted and result was declared on 02.08.2026. The Resolution was passed on 26.08.2026 by the newly appointed body which is submitted on 19.08.2026. It is evident that it was submitted beyond cut off date. There is no enabling provision for the Returning Officer to accept any Resolution which is passed and submitted after the cut off date. Uday S. Jagtap 2 of 3 4574-2026-WP.doc I find that the impugned order is rightly passed as it was not within the realm of powers of Returning Officer to examine as to the circumstances which prevented a particular primary society to submit the representation within stipulated period. 6. Learned counsel for the petitioner has relied upon the judgment of the co-ordinate bench in Akashwani Durdarshan Karmachari Sahakari Patsanstha Mary. Chh. Sambhajinagar Vs. State Co Operative Election Authority, Pune and Ors. (2026) SCC OnLine Bom 4168. In that case, the Resolution was to be submitted on 09.04.2026. The Resolution was passed by 05.04.2026 but a copy thereof could not be placed before the Authority in time. In that context, the co-ordinate bench recorded that the Returning Officer had powers to take corrective steps. The facts of that case are distinguishable from the case at hand. The judgment would not inure to the benefit of the petitioner. I find no merit in the petition. 7. The Writ Petition is dismissed. ( SHAILESH P. BRAHME, J. ) Uday S. Jagtap 3 of 3