KARBHARI MARUTI AGAWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Counsel for the parties. Rule. Rule taken up for hearing forthwith by consent of the parties.

(2.) Petitioners are the members of respondent No. 5 Co-operative Sugar Factory, which is a Specified Society within the meaning of section 144-A(2)(c) of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "Co-operative Societies Act" for the purpose of brevity). The Collector, Ahmednagar, respondent No. 2 published a provisional list of voters on 10th February, 1994 and invited objections and claims on or before 21st February, 1994. It is contended by the petitioners that they had raised objections in respect of some persons included in the provisional voters' list and the Collector had sent those objections to the respondent No. 3 i.e. Regional Joint Director (Sugar), Ahmednagar, who had powers of the Registrar in respect of the respondent No. 5 Karkhana. However, he did not make any report and the Collector was pleased to pass an order on 4th March, 1994 rejecting all the objections, which needs to be quashed. Prayer is made in the petition that the names of the persons objected to and given in two lists marked as B-1 and B-2 in prayer clause be deleted from the voters' list or in the alternative, respondent numbers 2, 3 and 4 be directed to make a fresh enquiry and to delete the names of disqualified and dead persons from the list of voters.

(3.) Petitioners have annexed four lists of persons against whom they had raised objections. We have marked them as list 'A', 'B', 'C' and 'D'. Exhibit B-1 (List 'A') is a list of 59 persons who allegedly do not hold any land and, therefore, are not qualified to be members and voters of respondent No. 5 Karkhana. At Exhibit B-3 (List 'B') is a list of 48 persons about whom it was alleged that they have not produced sugarcane and, therefore, are not qualified to be the voters. Third list (List 'C') of 180 members who are dead and, therefore, their names should be deleted from the voters' list. At Exhibit IV (List 'D') is a list of 414 persons who were admitted to the membership on 18th September, 1993 by the Board of Directors by resolution number 4. About these persons, it is contended that they were enrolled after 30th June, 1993 and the Collector should have considered 30th June, 1993 to be the qualifying date on the basis of the rules. It was further alleged that they are disqualified. But no specific allegations regarding objections to the membership of these persons appear to have been raised. It was generally contended that they were not qualified.