ASHWAMEDH C.H.S. LTD Vs. SURESH KHEDKAR

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and heard learned Counsel for the parties.

(2.) The grievance raised by the Petitioner Nos. 3 to 17 as well as the Applicants in Intervention Application No.2202 of 2024 is the wrongful deletion of their names from the final voters list for being eligible to vote at the elections of Petitioner No.1 Housing Society. The said Housing Society is a Type-E Society in accordance with Rule 4 of the Maharashtra Co-operative Societies (Election to Committee) Rules 2014 (for short, Rules of 2014). In the provisional voters list that was published on 25/01/2024, the names of 71 members including the present Petitioners and interveners were shown. It is the grievance of the Petitioners and interveners that an objection to exclusion of their names from the provisional voters list was raised and in a manner contrary to the Rules of 2014, the names of 33 members came to be deleted and the final voters list comprising of 38 members came to be published on 06/02/2024. It is in this backdrop that the present writ petition came to be filed on 14/02/2024 seeking to raise a challenge to the deletion of almost 50% voters from the final voters list.

(3.) We have heard the learned Counsel for the parties and we have perused the documents on record including affidavit in reply filed by Respondent Nos. 1 and 2. We find that under Rule 8 of the Rules of 2014 after publication of the provisional list of voters, claims and objections with regard to any omission or error in the name or address or other particulars in the list are required to be brought to the notice of the concerned District Co-operative Election Officer. The District Cooperative Election Officer after making such inquiry as necessary is required to consider each claim or objection and thereafter give his decision in writing to the persons concerned within a period of 10 days from the last date for receiving such claims and objections. When we inquired with the learned Counsel for Respondent Nos. 1 and 2 as regards the decision of the District Co-operative Election Officer dealing with the objections raised resulting in deletion of the names of 33 voters, we are informed that there is no such decision in writing given by the District Co-operative Election Officer. It is thus obvious that names of almost 50% of the voters whose names were included in the provisional voters list have been deleted in a manner contrary to Rule 8 of the Rules of 2014.