JAYANTRAO AMRUTRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Objection of petitioners to inclusion of names of Respondent Nos. 3 to 8 in voters list in borrowers constituency has been rejected by Respondent No.1 Assistant Registrar.

(2.) Learned counsel for the Petitioners contends that the impugned order reveals total non application of mind because the non borrower members whose names are included in the list had taken loan on 15th September, 2009. In terms of section 27 (3A) of Maharashtra Cooperative Societies Act read with Rule 56B (1) of the Rules framed thereunder such respondents/ members have to complete period of two years after 15th September, 2009 and thereafter only they can qualify to be borrower members eligible to caste vote in election. He strenuously attempts to demonstrate that otherwise non borrower members may choose to borrow nominal sums, cast their vote for borrower member or then may themselves contest election and after getting elected may repay that nominal loan. If, according to him, this is allowed to occur, the provision of separate constituency for borrower members in byelaws and in the scheme of Maharashtra Cooperative Societies Act will be frustrated and spirit behind it will stand defeated.

(3.) Respective counsel appearing for Respondents state that provisions of section 27 (3A) or Rule 56 (B) (1) are very clear and there is only one category i.e. member. The members cannot be further subdivided into borrower or nonborrower for the purpose of acquiring eligibility to vote. Completion of two years after enrollment is sufficient for such member to vote either in borrower constituency or nonborrower constituency.