SANDIP VASANTRAO LATHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the constitutional validity of Rule 56-B of the Maharashtra Cooperative societies Rules, 1961, (hereinafter referred to as the "rules" for the purpose of brevity) on the ground that the provisions of that rule are contrary to the provisions of section 27 (34) of the Maharashtra Co-operative societies Act, 1960, (hereinafter referred to as the "act" for the purpose of brevity ).

(2.) THE facts necessary for adjudication of the questions raised in this petition stated in brief are: the respondent No. 3 Wakadi Vikas karyakari Society Limited, Wakadi, Taluka rahata District Ahmednagar is a notified society as contemplated by section 73ic of the Act. It will be called as a notified society for the purpose of clarity and brevity. The petitioner became a Member of the notified society on 27-3-2002 and since then he is the member of the notified society.

(3.) THE last general elections to the managing Committee of the notified society were held on 28-5-1999. Consequently, the term of five years of the said Managing committee came to an end on 27-5-2004. As required by Rule 56-B of the Rules, a list of voters was liable to be prepared and was accordingly prepared but it did not show the name of the petitioner as one of the voters. Queries revealed that the petitioner was not so shown because of the Government Circular dated 23-7-2003, according to which, the petitioner did not complete the prescribed period as mentioned in rule 56-B of the Rules. Being aggrieved by the action of non-inclusion of his name in the voters' list which has defeated his statutory right, the above writ petition was filed by the petitioner. The validity of Rule 56-B of the Rules was challenged as it is contrary to the provisions of section 27 (3-A) of the Act.