VASANTRAO ANNASAHEB UBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these petitions have been clubbed together because a common question as to interpretation of sub-section (3) and (3-A) of Section 27 of the Maharashtra Co-operative Societies Act, 1960, as amended by maharashtra Amendment Act No. XLI 2000 is involved, and therefore, all these petitions are being disposed of by this common judgment.

(2.) WRIT Petition No. 4627 of 2000 sets out following facts which are relevant for interpretation of the said amending section.

(3.) ON 26th June, 1998 the respondent No. 5 was registered under the maharashtra Co-operative Societies Act, 1960 and the first provisional managing committee was appointed with 224 promoter members. Thereafter in the first meeting held on 30. 6. 1999, a resolution was passed admitting 253 persons who were eligible and who have complied the requirements of the bye-laws to the membership of the respondent No. 5 society, The said resolution was forwarded to the Assistant Registrar, the respondent No. 2 for approval and the approval was granted. On 21st January, 2000. the respondent No. 2 superseded the managing committee of the respondent No. 5 and appointed the Administrator on the said society. In Writ Petition No. 1983 of 2000 and 2140 of 2000, preferred by the Managing Committee members, apart from passing certain orders, this Court also directed that the election of the respondent No. 5 society shall be held within a period of six months from the date of order i. e. , 12. 7. 2000. In the meanwhile, the above referred amendment was introduced in the Act on 17. 10. 2000. The respondent No. 3 was appointed as Returning Officer and the election programme was published in the newspaper "parshwabhoomi" on 19. 10. 2000 and the provisional list of voters as on 30. 6. 2000 was published. All the members enrolled by the said society was on that date were included in the voters list. On 23. 10. 2000 the objections to the said voters list were raised and by an order dated 1. 11. 2000, the returning Officer directed to delete the names of the voters from Sr. No. 225 to 477 of the voters list in view of the provisions of Section 27 (3-A) of the Act, and therefore, the present petition has been filed.