SHANKAR RAMLU BANPALLIWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of the parties.

(2.) By the present writ petition, the petitioners have challenged orders dated 20.9.2007 (Annexure F, F-1 and F-2) filed with the writ petition, so also order dated 25.9.2007 (Annexure-J) made by the Collector, Yavatmal.

(3.) In the elections to the Board of Directors of the District Central Co-operative Bank Ltd. Yavatmal, the petitioner No.1 applied to the Collector for inclusion of his name as delegate of Res. no.7-Wagholi Adivasi Vividh Karyakari Sahakari Sanstha, Wagholi under Rule 5 (2) of the Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971 on 1.9.2007. The Collector called the report under Rule 6 (6) from the District Deputy Registrar (D.D.R.) who submitted his report to the Collector along with his recommendations on 11.9.2007. On 17.9.2007 respondent No.6 Ramesh Narayan Gangshettiwar also made an application to the Collector that his name should be included as delegate in accordance with resolution dated 16.9.2007 of the said Society which was of course objected by the petitioner No.1. The Assistant Registrar of the Co-operative Societies, Pandharkawada submitted his report with recommendations. The D.D.R. then tendered his opinion on 20.9.2007 to the Collector. The D.D.R. agreed with the report submitted by the Assistant Registrar but stated that in terms of the Division Bench decision of this Court in the case of Smt. Kamlabai Vitthal Rohankar...Versus...The Additional Collector, Chandrapur and others, reported in 2007 (3) ALL MR 761, it was not possible to go into the validity of the meeting dtd.16.9.2007. The Collector thereafter heard parties and made the impugned order accepting the opinion tendered by D.D.R. on 20.9.2007.