BAPU MARUTI RAKSHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The Petitioners have approached this Court as the members of Respondent No.2 - a notified society. Pursuant to an enquiry conducted under the provisions of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "M.C.S.Act".) an order came to be passed appointing an Administrator. That order was challenged in an Appeal which came to be dismissed on 17.2.2006. In the revision preferred, the Revisional Authority, on 15.7.2006 stayed the order dated 25.7.2005 and consequently the Managing Committee had taken back the charge.

(3.) The Administrator during his term in office had prepared a draft voters list and submitted it to the Assistant Registrar - Respondent No.3. According to the Petitioners while preparing the provisional voters list, the Administrator failed to include the names of the Petitioners and 36 other eligible members of the society. The provisional voters list was not published and as such they had no opportunity to challenge the non-inclusion of their names in the provisional voters list. After the Managing Committee assumed charge, the aforesaid arbitrary omission of names of 41 members was noticed from the records of the society. Thereafter representations were made to Respondent No.2 for rectification of the provisional voters list. Respondent No.3 did not consider the same as according to the Petitioners, he was of the opinion that the objections were beyond the prescribed period of 15 days. On account of failure by Respondent No.3, the Petitioners have moved this Court.