SURESH Vs. DISTRICT CO-OPERATIVE ELECTION AND ORS.

JUDGEMENT

(1.) HEARD .

(2.) RULE . Rule made returnable forthwith. With the consent of the parties, petition is taken up for final disposal at admission stage.

(3.) PETITIONER claims that he is a member of Savta Mali Shetkari Dhanya Adhikosh Sahkari Sanstha Maryadit, Bhogaon Sable, Tq. & Dist. Parbhani. The society adopted a resolution seeking amendment to the bye -laws thereby extending the area of operation of the society including village Pedgaon as well as village Panhera. The resolution was adopted in the general body meeting of the society dated 05.02.2015. The proposal for amendment to the bye -laws was submitted to the Assistant Registrar, Co -operative Societies, Parbhani under section 13(1) of the Maharashtra Co -operative Societies Act and the amendment was approved by the Assistant Registrar on 24.02.2015. The name of petitioner was forwarded by the society as a nominee for the purpose of election to the District Central Co -operative Bank. The name of the nominee i.e. petitioner appeared in the provisional voters list published on 02.03.2015. Respondents 3 and 4 raised objection for inclusion of name of petitioner as a nominee / delegate of the primary society on the ground that petitioner is not resident of village Bhogaon Sable and the place of residence of petitioner falls outside the area of operation of the society. Petitioner caused appearance before the District Co -operative Election Officer in pursuance to the notice as regards objection raised by respondents 2 and 3 and submitted his reply. Petitioner contends that he is resident of village Pedgaon and the said village falls within the area of operation of respondent no. 2 primary society by virtue of amendment adopted by the society. It is contended that respondent no. 1 is expected to cause inquiry in respect of electoral rolls within the ambit of rule 11 of Maharashtra Co -operative Societies (Election to Committee) Rules, 2014 and he cannot embark upon upon an inquiry concerning the matters beyond the scope of the rules.