In a development that could bring relief to cooperative bank directors facing a 10-year election restriction, the Maharashtra Cooperation Department is reportedly examining a legal opinion that questions the Returning Officer’s authority to enforce the restriction at the nomination stage.
The opinion by Vidyadhar Anaskar, Administrator of MSC Bank, argues that while the 10-year tenure restriction under the Banking Regulation Act, 1949, may constitute a statutory disqualification, the Maharashtra Cooperative Societies Act and the 2014 Election Rules do not specifically empower a Returning Officer to reject a nomination on this ground.
The issue, according to the opinion, is not the existence of the 10-year restriction, but whether the Returning Officer has the statutory authority to enforce it while scrutinising nominations.
Anaskar distinguishes between the existence of a statutory disqualification and the authority competent to enforce it, arguing that a Returning Officer cannot assume jurisdiction under the Banking Regulation Act merely by implication.
The opinion was reportedly sought by the Maharashtra Law and Judiciary Department and is currently under examination. Media reports suggest that a decision may be taken shortly.
The issue came to the fore after Maharashtra’s cooperative election machinery began applying the 10-year restriction, resulting in the rejection of nominations filed by some cooperative bank directors.
Anaskar has argued that if Maharashtra intends to enforce the restriction through its cooperative election machinery, it should first amend the Maharashtra Cooperative Societies Act or the Election Rules to establish a clear statutory mechanism for doing so.
The opinion also cites Goa’s recent approach as a comparative example. Goa amended its cooperative societies law through the Goa Cooperative Societies (Amendment) Ordinance, 2026, expressly aligning the state framework with RBI directions applicable to cooperative banks.
According to the opinion, Maharashtra could similarly amend its cooperative law or election rules to incorporate applicable RBI requirements, rather than relying on an implied power of the Returning Officer.
The opinion further refers to Appeal No. 68/2026 before the Divisional Joint Registrar, Latur, concerning the 10-year tenure restriction, which recognised that the restriction constitutes a statutory disqualification but noted the absence of a specific mechanism under Maharashtra’s cooperative election law for an Election Officer to enforce it at the nomination stage.
If the Maharashtra Government accepts the legal view, affected directors may get an opportunity to contest upcoming cooperative bank elections. A final decision is expected shortly.
