(1.) Noticing difference of opinion on the construction of Section 73-C(3) of the Maharashtra Cooperative Societies Act, 1960, hereinafter referred to as the Act, the learned Division Bench has placed this matter before the Honble the Chief Justice for reference to a larger Bench for consideration of the following questions.
(2.) Before we turn to the arguments, we may refer to the judgments based on which the learned Division Bench felt it necessary to refer the dispute for consideration by the Full Bench. The issue arose from construction of the provisions of Section 73-C(3) of the Act. The relevant sub-section reads as under:
(3.) This view was reiterated by another Division Bench in Pandit R. Jagtap and Ors. v. The Returning Officer, Tarukhedle Vividh Karyakari Sahakari (Vikas) Society Ltd. and Ors., 1997 CTJ 5 as also thereafter in Machindranath Bandu Kale and Ors. v. Satali V.K.S. Society Ltd. and Ors., 1998 5 BCR 928. It may be noted that in all the three judgments of the learned Division Benches, admittedly the bye-laws did not provide for separate constituencies and restriction on the voting rights of members. This view was also followed by another learned Single Judge in Dadarao Apparao Khatke v. State of Maharashtra and Ors., 2002 CTJ 724