Constitutional Validity of Excluding Type A Societies from Tenure Protection Under Co-operative Law

sketch of the Bombay High Court
Case
OMPRAKASH ALIAS BACHHUBHAU BABARAOJI KADU AND OTHERS. v. STATE OF MAHA., THR. ITS SECY. DEPT. OF COOPERATION, MARKETING AND TEXTILE, AND OTHERS. (Bombay High Court, 05-10-2026)
Law
Constitution of India, Maharashtra Co-operative Societies Act.

Highlights of the Judgment:

  • Examination of the constitutional validity of amending Section 73AAA(3) of the Maharashtra Co-operative Societies Act, 1960.
  • Analysis of whether excluding Type A societies from continuing in office post-term violates Article 14 of the Constitution.
  • Interpretation of statutory versus vested rights regarding tenure extensions originally granted during the COVID-19 pandemic.
  • Application of the doctrine of reasonable classification under administrative and co-operative election rules.
  • Evaluation of whether the absence of explicit Objects and Reasons invalidates a legislative enactment.