ASHOK INDRAJIT JAWALGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, the petition is heard finally at the stage of admission.

(2.) Learned Assistant Government Pleader and the learned Counsel for the respondents waive service for the respective respondents.

(3.) The petitioner has been granted membership of respondent No. 7/society by name, "jaibhavani sahakari Doodh Vyavasayik Sanstha Maryadit", dhanuri, by the Managing Committee on 11-6-2002. The respondent No. 7/society is a primary Society affiliated to and a member of the respondent No. 5/doodh Utpadak Sangh since its registration. The petitioner's name appear at serial No. 52 in the list of members maintained by the respondent No. 7/society. On expiry of the term of Board of Director's of respondent No. 5/sangh, the process of election has been set in motion by the respondent No. 2/collector. The managing Committee of respondent No. 7/society has passed a resolution on 6-10-2005 and nominated the present petitioner to vote on its behalf in the affairs of the Federal Society viz. respondent No. 5. It is undisputed that the respondent no. 7/society has invested its funds in the shares of the Federal Society since much before the period of three years and it satisfies the conditions laid down in section 27 (3) of the Maharashtra Co-operative societies Act, 1960 (For short, "the Act") and hence has a right to appoint one of its members to vote on its behalf in the affairs of the Federal Society. The name of the petitioner as a nominee of respondent No. 7 was included in the provisional list of voters but on an objection raised by one Baliram vishwanath Mali, Chairman of Mauli sahakari Doodh Vyavasayik Sanstha Maryadit, lohara (Bk. ) , the petitioner's name has been deleted by an order passed by the Collector dated 12th April, 2006 and it is this order which is challenged in the present petition.