GURUDEVDATTA VKSSS MARYADIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Urgency of the situation has prompted this Court to dispose of the present Special Leave Petition under Art. 136 of the Constitution even at the stage of admission : Urgency being initiation of election process of Kolhapur District Central Co-operative Bank in the State of Maharashtra. Incidentally, Bombay High Court has negatived the petitioners' contention of restrictive list of voters in terms of the proviso to S. 27(3) as added by the amendment to the Maharashtra Co-operative Societies Act, 1960 - the primary reason being the entire election programme, including the list of voters stands finalised on June 30, 2000 and the amendment by way of addition to the proviso was effected on 23rd August, 2000. The introduction of the amended proviso being effected subsequent to the finalisation of the voters list, the High Court concluded that basically, the inclusion of the Societies which were eligible on 30th June, 2000 could not be faulted on the basis of the amendment which was brought into force subsequently and they cannot be denied the right to vote and hence the Appeal before this Court.

(3.) Before adverting to the submissions advanced on the score as above, one factual element ought to be noticed at this juncture to writ promulgation of an Ordinance being Maharashtra Ordinance No. X of 2001 by the Governor of the State on 27-2-2001 during the short pendency of this appeal.