Maharashtra dairy cooperative elections marred by mandate issues

The Congress-led board won with a narrow 13-12 margin among 25 directors, but the BJP-led state government quickly ordered the appointment of 5 nominated directors.

Amidst the growing political turmoil and struggle for power across the country, the Kolhapur District Milk Producers' Union, one of the largest and most influential dairy cooperatives in Maharashtra, has emerged as a new point of contention in the elections.

Following the recent municipal elections, the Congress-led board secured a narrow victory with 13 directors to 12. However, immediately after, the BJP-led state government passed an order to appoint 5 nominated directors, four of whom will have voting rights. This has caused a significant uproar among opposition parties in the state, as it would tilt the majority in favor of the ruling state coalition through the nominated directors, a majority they could not achieve through the democratically held elections of the cooperative body.

The Kolhapur District Cooperative Milk Producers' Union Limited, known for its popular brand Gokul, was established on March 16, 1963, during the Operation Flood cooperative dairy project. It is one of the most significant political and economic forces in western Maharashtra and has established itself as a major dairy cooperative in the state. Maharashtra's politics is shaped by the cooperative sector, with names like Sharad Pawar, Vasantdada Patil, and Yashwantrao Chavan associated with it.

Amidst this turmoil, the Bombay High Court's circuit bench in Kolhapur has refused to grant an interim stay on an ordinance issued by the Maharashtra government, which gives the state the authority to appoint nominated members with voting rights to these cooperatives. The case is Shashikant Anandrao Patil vs. Presiding Officer, Kolhapur District Cooperative Milk Producers' Union and Others.

Justice Neeraj P. Dhote stated that no case has been established prima facie to warrant an interim stay on the ordinance.

"In my opinion, there is no case for interim protection or for staying the impugned ordinance. Consequently, the prayer for interim relief is rejected,"

However, it has been stated that the proceedings of the meeting scheduled for November 10 for the election of the president of the Kolhapur District Cooperative Milk Producers' Union (Gokul Dairy) will remain subject to the final outcome of the petition, and that the ballots of the 25 elected directors and 5 state-nominated directors will be kept separate.

This ordinance was brought in by amending Section 73AAA (2) of the Maharashtra Cooperative Societies Act, 1960, regarding which the petitioners have argued that it is a difficult exercise of legislative power designed to alter the democratic arithmetic and effectively overturn the mandate of dairy farmers. The state defended it by stating that it is necessary for institutional stability and the court refuses to intervene while maintaining the transparency of the process.

Senior advocates Abhishek Manu Singhvi and Mukul Rohatgi, along with advocate Misha Rohatgi, appeared on behalf of the petitioners and the state, respectively.

In response to the state government's directive and the subsequent instruction from the Bombay High Court's vacation bench not to intervene, thousands of people in Kolhapur have participated in the struggle march. Many members and activists of civil society have sided with the protesters in the Kolhapur struggle march, stating that the ruling party is making a hostile takeover of the board after losing the people's mandate, and that a government engaging in such acts is the real anarchist, not those who protest on the streets due to such unjust acts.

Chief Minister Devendra Fadnavis has stated that neither of the two groups had enough members to meet the quorum required for electing a president, and elections could not be held earlier as one group was absent from meetings, after which the matter went to court. He further stated that under the laws and regulations of Gokul, if elections cannot be held on three occasions, the sub-district registrar is empowered, and the provision for appointing certain individuals with voting rights aims to address the legal complexities arising from the lack of sufficient quorum.

As of the time this article was written, Mahayuti candidate and former MLA Rajesh Patil has been elected as the president of the Kolhapur District Cooperative Milk Producers' Union with a vote margin of 16-13. He defeated Shashikant Patil of the Congress-supported Rajarshi Shahu Shetkari Samvichari Aghadi. Responses from opposition candidates and the coalition are awaited. During the elections, Patil was the only one among the 12 Mahayuti directors who refused to wear the Feta, a traditional Marathi headgear, stating that he would not wear it until his leader Ajit Pawar becomes the Chief Minister of Maharashtra.