RAMKISHAN BHANUDAS SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since both these writ petitions pertain to the dispute about the election of Sonai Vividh Karyakari Seva Sahakari Sanstha Maryadit, Sonai and require identical questions to be decided, they are being disposed of by this common judgment.

(2.) Sonai Vividh Karyakari Seva Sahakari Sanstha Maryadit, Sonai is a notified society within the meaning of section 73(i)(e) (sic) of the Maharashtra Co-operative Societies Act, 1960 (hereinafter called as 'the Co-operative Societies Act') and the District Deputy Registrar, Co-operative Societies, Ahmednagar published a Notification on 13th November, 1992 thereby publishing programme in respect of preparation of the list of voters of the election of the aforesaid Society. Provisional list was to be published on 23-11-1992. Objections and claims were filed before 7-12-1992 and those were required to be decided before 21-12-1992 and final list of voters was to be published on 30-12-1992. The date for the publication of the final list of voters was later postponed to 10-1-1993.

(3.) On 5-12-1992, Shri Ramchandran Shete-respondent No. 5 in the Writ Petition No. 791 of 1993, filed an application contending that members Appasaheb Shete, Mukunda Kulkarni and Sangeeta Darandale have been shown to be minors, but now they have attained majority and, therefore, their names should be shown as major in the voters' list. This application was accompanied by the school leaving certificates mentioning dates of birth of these persons. Rambhau Ambadas Chandgode and others had also filled objections and all these objections were considered by the District Deputy Registrar who was also the Election Officer. He was pleased to direct Assistant Registrar to hold enquiry and after considering the inquiry report of the Assistant Registrar, was pleased to correct the voters' list. The final list of voters was accordingly published on 15-1-1993 and thereafter, the election programme was published on 27-1-1993. The election programme published called the constituency to elect 10 members of the managing committee. Last date for filing the nomination papers was 8th February, 1993 and list of nominations was to be published on the following day. Scrutiny was to take place on 13-2-1993. List of valid nominations was to be published immediately after the scrutiny. 28-2-1993 was the last date for withdrawal and the voting was to take place on 14-3-1993. It appears that after the publication of this programme, application was moved by respondent No. 5-Shete to Assistant Registrar, Co-operative Societies, Newasa purporting to be under section 11 of the Co-operative Societies Act alleging that the voters' list includes about 1154 voters, who are not qualified. It was alleged that residents of villages which are outside the area of operation of the Society are included in the voters' list. The Assistant Registrar, Co-operative Societies, Newasa was pleased to pass an order on 11-3-1993 allowing the said application (described in the order as Appeal) partly holding that 232 voters listed in Annexure A and also holding that 351 voters in Annexure B are not entitled to vote at the election of the Managing Committee of the Society for the year 1992-97. This order dated 11th March, 1993 came to be challenged before the Divisional Joint Registrar. When the matter was pending before the Assistant Registrar, Co-operative Societies, Vishwasrao Gadakh, Chairman of the Society moved the Divisional Joint Registrar, Co-operative Societies, Nasik by way of revision application under section 154 challenging the proceedings initiated by the Assistant Registrar under section 11 of the Act. The Divisional Joint Registrar was pleased to pass an order of status quo on 1-3-1993 but, it appears that the Assistant Registrar's order came to be passed thereafter on 11-3-1993.