NALANDA MAGASVARGIYA MAJOOR SAHAKARI SANSTHA MARYADIT Vs. THE DISTRICT CO-OPERATIVE ELECTION OFFICER-CUM-DISTRICT DEPUTY REGISTRAR

JUDGEMENT

(1.) Heard Shri A.M. Ghare, learned Counsel for the petitioners, Shri A.S. Fulzele, learned Additional Government Pleader for Respondent Nos. 1 and 2 and Shri V.G. Wankhede, learned Counsel for Respondent No.3. Considering the nature of controversy raised and with the consent of the parties, we have taken up the matter for final disposal. Rule is therefore issued and is made returnable forthwith.

(2.) Short question to be looked into is ­ Whether judgment dated 29.04.2015 in Writ Petition No.2113/2015, delivered by the learned Single Judge enures to the benefit of present petitioners ?

(3.) Petitioners, 8 in number are Labour Cooperative Societies, affiliated to Respondent no.3 District Labour Cooperative Federation. Its' general elections were due in 2015. As per judgment delivered by the learned Single Judge the elimination of names of three petitioners in Writ Petition No.2113/2015 from final voters list on the ground that they have not paid supervision charges of 1% of total work allotted by the Federation is, found to be erroneous. Consequently, the finalization of voters list published on 03.02.2015, and an order rejecting objection raised by those three societies passed on 04.04.2015 by respondent no.1 Election Officer, were quashed and set aside. A declaration was issued that no election can be conducted to the Executive Committee of respondent no.3 Federation on the strength of voters list then published on 09.04.2015. Respondent no.1 was directed to correct the final voters list accordingly and to include names of representatives of said petitioner societies in it.