Dismissed¶28

Nilesh Hiraman Bhegade and Anr. v. State Cooperative Election Authority and Ors.

Bombay HC6 Jan 2026WP/15336/2025

Case brief

AI extract

What is this about?

Defaulter member; right to vote; Section 27(10) Maharashtra Co-operative Societies Act 1960; section 73CA; cut-off date 1st January 2025 voters list; dues cleared after cut-off; no ipso facto franchise; loan facility repayment; State Co-operative Election Authority Maharashtra; Respondent No. 4 Society elections; writ petition dismissed; interim relief vacated; liberty to challenge elections; Bombay High Court; Gadkari and Khata JJ.

What did the court decide?

As per Section 27(10), Maharashtra Co-operative Societies Act, 1960, a member who took a loan and is a defaulter has no right to vote; Petitioners who cleared their dues after the cut-off date of 1st January 2025 do not ipso facto become entitled to exercise their franchise in Respondent No. 4 Society. ¶27

Nilesh Hiraman Bhegade and Anr. vs State Cooperative Election Authority and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶28

Issue for consideration

Whether members of Respondent No. 4 Society who were defaulters on the cut-off date of 1st January 2025 for preparation of the voters' list, but cleared their dues thereafter, are entitled to exercise the right of franchise (vote/contest) in the Society's elections.

¶27

Court's answer

¶27

Ratio / Principle

The Petitioners were well aware they had availed a loan facility from Respondent No. 4 repayable within a stipulated period; intending contestants/voters ought to have been vigilant and cleared their dues before the cut-off date.

¶27

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Coram: A.S. Gadkari & Kamal Khata, JJ., decided 4th May 2026 — Civil Writ Petitions Nos. 15082 and 15336 of 2025 (Chandan Shrirang Alhat & Ors.; Nilesh Hiraman Bhegade & Anr.) v. State Co-operative Election Authority, Maharashtra State & Ors. Cooperative society elections — voting rights of defaulter members — Section 27(10), Maharashtra Co-operative Societies Act, 1960 (cross-referencing the Explanation to clause (i) of sub-section (1) of section 73CA): a member who has taken a loan and is a defaulter has no right to vote. Held: Petitioners, admittedly defaulters on 1st January 2025 — the cut-off date for preparation of the voters' list of Respondent No. 4 Society — do not ipso facto become entitled to exercise their franchise merely by clearing dues after the cut-off date; those intending to contest or vote ought to have cleared dues before the cut-off date. Both Petitions dismissed as lacking merit; interim relief vacated with immediate effect; Petitioners at liberty to challenge the elections of successful candidates.

¶1

DTG 56-Wp-15082-2025.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL WRIT PETITION NO. 15082 OF 2025

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Chandan Shrirang Alhat & Ors. … Petitioners

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V/s.

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State Co-operative Election Authority

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Maharashtra State & Ors. … Respondents

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WITH

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WRIT PETITION NO. 15336 OF 2025

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Nilesh Hiraman Bhegade & Anr. … Petitioners

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V/s.

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State Co-operative Election Authority

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Maharashtra State & Ors. … Respondents

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Mr. Nikhil V. Adkine a/w Mr. Aniesh Jadhav for Petitioners.

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Mr. Dilip Bodake for Respondent Nos. 1 and 2.

¶17

Mr. B.V. Samant, Addl.G.P. a/w Ms. Rupali Shinde, A.G.P. for RespondentState.

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CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 4^th May 2026

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P.C. :

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It is an admitted fact on record that, Petitioners were defaulters

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on 1^st January 2025 i.e. the cut-off date for preparation of the voters list.

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Section 27(10) of the Maharashtra Co-operative Societies Act, 1960, reads as

¶23

1/2

¶24

DTG 56-Wp-15082-2025.doc

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under :-

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“(10) If a member has taken a loan from the society, such member shall, whenever he is a defaulter, as provided in the Explanation to clause (i) of sub-section (1) of section 73CA have no right to vote in the affairs of the society.”

¶27

1.1) The Petitioners who cleared their dues after the cut-off date, do not ipso facto become entitled to exercise their right of franchise of Respondent No.4 Society. The Petitioners were well aware of the fact that, they had availed a loan facility from Respondent No.4 and it had to be repaid within stipulated period. If the Petitioners were intending to contest the elections or exercise their right of franchise in elections of Respondent No.4, they ought to have been vigilant and cleared their dues before the cut-off date.

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In view of the above, we find that, there are no merits in the Petitions and are accordingly dismissed.

¶29

Needless to mention that, Petitioners would be at liberty to challenge the elections of successful candidates, if so desired and advised.

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In view thereof, interim relief stands vacated with immediate effect.

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( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )

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Nilesh Hiraman Bhegade and Anr. v. State Cooperative Election Authority and Ors.

Case brief

What is this about?

What did the court decide?

Nilesh Hiraman Bhegade and Anr. v. State Cooperative Election Authority and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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