KISHANRAO Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. Heard learned counsel for the parties finally, by consent.

(2.) THE petition has been moved, challenging communication dated 17 -3 -2015 (Exhibit H) by returning officer -respondent no. 4 to respondent no. 6 permitting thereunder 89 members of the society to deposit increased contribution to share capital in the bank and production of receipt to that effect and including their names in the final voters' list for elections of managing committee of respondent no. 5 -Vividh Karyakari Seva Sahakari Society Shellal, Tq. Udgir, Dist. Latur. It is further contended by Mr. Gunale, learned counsel appearing for the petitioner that inclusion of names of 89 members in the voters' list is at the instance of respondent no. 6 alone and not on application by said 89 persons.

(3.) RESPONDENT no. 6, on publication of provisional voters' list, appears to have requested under an application for inclusion of certain members according to the list annexed to the application on 16 -03 -2015 to the returning officer. It appears that thereafter, the returning officer had called upon the society and its office bearers to produce relevant record. It is the case of the other side that the society had not responded to the call. However, present petitioner purports to contend that on the very day, he had pointed out that by 31 -10 -2014 none from the 89 persons had paid increased share value amount despite notice on board as well as by beat of drum.