SHRIRAM GANPATRAO YAWALE Vs. RESIDENT DEPUTY COLLECTOR AMRAVATI

JUDGEMENT

(1.) The parties were heard on 11-12-2006 at the stage of Admission itself and matter was adjourned to 18-12-2006 for passing orders. However, it appears that on account of wrong noting of date matter was not listed on 18-12-2006 and then it was mentioned by learned Counsel for petitioner. The mistake was thereafter discovered and matter is listed today on board for admission.

(2.) Rule is made returnable forthwith and by consent of parties matter is heard finally.

(3.) The challenge in this petition is to the order dated 6-11-2006 passed by the respondent No. 1 Collector, directing deletion of name of present petitioner from the voters list of respondent No. 4 Co-operative Society and directing inclusion of name of objector before him i. e. the present respondent No. 3 in the voters list. The respondent No. 1 Resident Deputy Collector has upheld the objection of respondent No. 3 on the ground that as petitioner did not complete two years period as member of Primary Society i. e. respondent No. 2, he was not entitled to vote in its affairs and hence, he could not have been sent by respondent No. 2 Society, as its representative to participate and vote in affairs of respondent No. 4 Federal Society. The Resident Deputy Collector has found that the provisions of section 27 (3) and 27 (3a) of the Maharashtra Co-operative societies Act, 1960 have been amended at some time and object of the amendment is to see that the member does not get voting rights in affairs of the society till he completes requisite period of two years. He has extended the analogy to the representative to be forwarded by the said Society to participate in the affairs of the Federal Society on the ground that it would be contrary to the object of the Act, if a member who has no voting rights in the affairs of his society is permitted to participate in the affairs of the Federal Society. Provisions of section 27 reads as under :