Directions of Election Authority to delete names of retired employees

Section 73CB of the Maharashtra Cooperative Societies Act, 1960 – Whether retired employees – members have right to vote in the elections of Salary Earner’s Cooperative Bank – Legality of Directions of State Cooperative Election Authority to delete names of retired employees from provisional voters list.

The Petitioner No.1 is Salary Earner’s Cooperative Bank (for short, Bank). Some of its members are retired employees.

By the impugned communication dated 10.2.2023, the Respondent no.2 State Cooperative Election Authority (SCEA) directed the District Cooperative Election Officers not to include the names of retired employees in the voter list for elections to the salary earners’ cooperative credit societies.

HELD that the deletion of names of retired employees from provisional voters list is different from their removal from membership register, that the retired employees can remain as nominal members as per section 144-5A of the MCS Act but they have no right to vote. Therefore, the directive of SEC not only to ensure compliance with statutory provisions but also to reduce litigations is legal. Ref: Laxman Dattatraya Jadhav case (W.P.No.11351 of 2022 decided on 22.11.2022)

Writ Petition No.6199 of 2023 – Nashik Zilla Sarkari & Parishad Karmachari Sahakari Bank Niyamit Ltd and others  Vs. The State of Maharashtra and others.