EKNATH KUNDLIK AADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. With the consent of the parties the matter is heard finally at the stage of admission.

(2.) The petitioners are taking exception to the order passed by the respondent No. 2, who is the District Co-Operative Returning Officer, rejecting their objection to the provisional voters list published under the Maharashtra State Co-Operative Societies (Election to the Committee) Rules, 2014 (hereinafter 'Election Rules '). The respondent No. 4 is a Co-Operative Society duly registered as such under the provisions of the Maharashtra CoOperative Societies Act, 1960 (hereinafter 'the Act '). The respondent No. 3 is the Assistant Registrar of the Co-Operative Societies under whose jurisdiction the respondent No. 4 -Society operates. The respondent No. 2 is the District Co-Operative Returning Officer under the Election Rules and respondent No. 5 is the State Co-Operative Election Authority.

(3.) According to the petitioners the respondent No. 4 Society came into existence in the year 2013 with 41 founder members. In view of the election a provisional voters list prepared under Section 26 of the Act was published which was finalized on 28.01.2020. However, due to pandemic the elections were not held. Subsequently, the State Government by amending Act vide Maharashtra Act XI of 2021 dated 16.06.2021 permitted all the members including the defaulters to participate in the elections. However, their names were illegally excluded from the provisional voters list that was published on 22.10.2021 under the Election Rules. Therefore, they raised the objection with the respondent No. 3, who conducted the hearing and by the impugned order the respondent No. 2 has rejected the objection.