BHAJANDAS GOREKH BHUIRKAR Vs. DISTRICT ELECTION OFFICER

JUDGEMENT

(1.) BY order dated 28th March, 2003, this Court issued notice to ;the respondents indicating that the matter would be heard and finally disposed of at the admission stage itself. The petition was accordingly heard finally on 6th October 2003 and the judgment was reserved which we pronounce today.

(2.) THE petitioners are borrower members of the respondent No. 3 which is a Co-operative Society registered under the Maharashtra Cooperative Societies Act, 1916 (for short 'the Act'), The respondent No. 3 is a Vividh Karyakari Seva Sahakari Society. The respondent No. 1 is the election Officer attached to the office of District Deputy Registrar of Cooperative Societies, Solapur. The respondent Nos. 4 to 26 are the candidates to the election of the managing committee (for short 'the Committee') of the respondent No. 3 Society. Under the Bye laws of the respondent No. 3 Society the Committee consists of 17 members out of which 10 members are elected from the borrower members and one member is to be elected from non borrower members. Six seats are reserved, 1 seat for persons belonging to Scheduled Caste and Scheduled Tribes, 1 seat for persons belonging to Economically Weaker sections, 1 seat for persons belonging to Other Backward Classes, 1 seat for persons belonging to nomadic Tribes/special Backward Class and 1 for the women.

(3.) UNDER bye-law No. 38a of the approved bye-laws of the respondent No. 3 Society (hereinafter referred to as "bye-laws"), the electorate of the respondent No. 3 Society is divided in two constituencies and voters' list is also to be published in two parts viz.