GAUTAM Vs. ASSISTANT REGISTRAR CO OPERATIVE SOCIETIES MILK

JUDGEMENT

(1.) The dispute is about eligibility of Respondents 3 to 17 to vote in elections of a cooperative society by name Shri Balaji Sahkari Doodh Utpadak Sanstha ie Shri Balaji Cooperative Milk Producers Society registered under the Maharashtra Cooperative Societies Act,1960 for the tenure 2011 to 2016. This Court issued notice for final disposal on 09.02.2011. Thereafter, on 28.02.2011 poling then scheduled on 02.03.2011 was permitted to continue and votes cast by 15 Respondents in dispute i.e. Respondent Nos. 3 to 17 before this Court were directed to be placed in sealed envelop. The declaration of result however, has been stayed.

(2.) At the outset Advocate Mr. Dhorde appearing for Respondent No. 2-Returning Officer has stated that each voters had about 5 to 6 votes to cast and votes of all Respondents except one vote has been preserved separately. He contends that one vote cast by one of the Respondents and meant for reserved category inadvertently got mixed with other votes.

(3.) Advocate Mr. Hon has contended that provisions of Section 27(3-A) of the Maharashtra Co-operative Societies Act, 1960, referred to as 1960 Act for brevity, permits an individual member who has completed two years as such after his enrollment only to exercise right of voting. He states that though passing of alleged resolution dated 27.12.2009 by Society is very much in dispute, for the purposes of this Petition the said date also can be presumed as correct one. Even from the said date, till the date of publication of election programme on 07.01.2011, the Respondent Nos. 3 to 17 had not put in two years of memberships. According to him, therefore, the objections raised by the Petitioners before the Returning Officer within time as stipulated in the election programme ought to have been allowed. As their objections were not looked into, the Petitioners were constrained to approach Assistant Registrar i.e. Respondent No. 1 and the said Authority then directed deletion of names of members who had not completed 2 years but that also was not being implemented. Hence, Petition was required to be filed.