Bombay High Court Refuses to Stay Gokul Dairy Ordinance Ahead of Chairman Election

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Bombay High Court Refuses to Stay Gokul Dairy Ordinance Ahead of Chairman Election
Bombay High Court Refuses to Stay Gokul Dairy Ordinance Ahead of Chairman Election

Court declines interim relief against voting rights for four government-nominated directors; validity of the ordinance remains under judicial consideration.

The Bombay High Court has refused to grant an interim stay on a Maharashtra government ordinance giving voting rights to four government-nominated directors on the board of Kolhapur Zilla Sahakari Dudh Utpadak Sangh Maryadit, popularly known as Gokul Dairy. The decision came a day before the cooperative’s scheduled chairman election on November 10, 2026.

Bombay High Court Refuses to Stay Gokul Dairy Ordinance Ahead of Chairman Election

The ordinance could change the balance of power on the board following last month’s election, in which a Congress-led panel secured a narrow majority among the elected directors. The legal challenge to the ordinance, including its application to the existing board, remains pending.

Gokul board election results and change in voting arithmetic

In the recent board elections, the panel led by Congress MLC Satej Patil won 13 of the 25 elected director seats, while the Mahayuti-backed panel secured 12.

Following the election, the Maharashtra government promulgated an ordinance providing voting rights to four government-nominated directors on qualifying cooperative federation boards.

With the four nominees included, the board’s voting strength increases from 25 to 29. If all four government nominees vote alongside the 12 Mahayuti-backed elected directors, that group would have 16 votes against Patil’s 13.

The potential change in voting arithmetic has become the central issue in the dispute over control of Gokul, one of Maharashtra’s major dairy cooperatives.

High Court rejects plea for interim stay

The dispute reached the Bombay High Court after the state government promulgated the ordinance on November 6. Members of Satej Patil’s panel challenged the measure, arguing that it could alter the outcome of the recently concluded board elections.

On November 9, Justice Neeraj P. Dhote, presiding over a vacation bench, rejected the petitioners’ request for interim protection and a stay on the ordinance.

The court observed that the government’s actions, including the ordinance, would be subject to the outcome of the pending writ petition. It also left the parties free to approach the regular bench.

The court directed the election officer to preserve the election proceedings, ballot papers and other relevant records. It further ordered that ballot papers cast by the 25 elected directors and the four government-nominated directors be kept separately, given that the ordinance’s validity remains under challenge.

Congress panel alleges political motive; state defends ordinance

Senior advocates Abhishek Manu Singhvi and Ashutosh Kumbhakoni, along with advocate Shrikrishna Ganbavale, represented the petitioners.

They argued that the ordinance was a colourable exercise of power and alleged that it had been introduced with the intention of changing the outcome of the Gokul board elections. They also questioned the decision to apply the measure to the existing board.

Also Read: Nandini Milk Sales in Kodagu Decline by 5,000 Litres per Day Following Price Hike

Representing the Maharashtra government, senior advocate Mukul Rohatgi and government pleader Neha Bhide opposed the petition. Senior advocates Anil Anturkar and Anil Sakhare appeared for the Mahayuti-backed directors.

The state and the supporting respondents maintained that the ordinance had been issued in accordance with the law.

The High Court’s refusal to grant interim relief does not amount to a final ruling on the ordinance’s constitutional or legal validity.

Thousands of farmers join protest in Kolhapur

The legal dispute also triggered a major political and farmers’ protest in Kolhapur on November 9.

Satej Patil led a march from Dasara Chowk to the Kolhapur Collector’s office, drawing thousands of milk farmers and political leaders from western Maharashtra.

Congress panel alleges political motive; state defends ordinance

Those who participated included farmer leader Raju Shetti, Congress MLA Vishwajeet Kadam, Lok Sabha MPs Vishal Patil and Dhairyasheel Mohite-Patil, and NCP (SP) MLA Jayant Patil. NCP (SP) MP Supriya Sule also extended support to the protest.

Addressing the gathering, Patil criticised the government’s decision to appoint four voting directors after the Mahayuti-backed panel had secured fewer elected seats. He questioned the appointments and publicly identified the proposed nominees as:

  • Shivaji Adnaik, from Panhala
  • Dr Pravinchandra Hendre, a gynaecologist
  • Krishnat Patil, from Kagal
  • Advocate Prashant Patole, from Sangli

The appointments and the government’s decision to give the nominees voting rights have become a point of contention between the Congress-led panel and the ruling Mahayuti alliance.

Chairman election becomes a key test for Gokul’s board

The chairman election scheduled for November 10 is taking place amid continuing legal uncertainty over the ordinance and the voting rights of the four government nominees.

The High Court has allowed the immediate process to proceed without granting the requested interim stay, while directing the preservation and separate handling of ballot papers.

The final legal position will depend on the outcome of the pending writ petition. Until then, the dispute raises important questions about the application of changes in cooperative governance rules to an already elected board.

For Gokul, the immediate issue is the election of its chairman, but the wider dispute concerns the balance between elected representation, government nomination powers and the autonomy of cooperative institutions.

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