RAJARSHI SHAHU TRUST Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner, who claims to be non producing member of Respondent No.4-Sugar factory, a specified cooperative society, has approached us, feeling aggrieved by the order passed by the Collector, Osmanabad, in his capacity as the Returning Officer for the election of specified society, dated 31.1.2008. Freelance English translation of the operative part of the impugned order, reads;

(2.) Rule. By consent of the parties, rule made returnable forth with and the matter is disposed of finally. Heard learned counsel for the respective parties. We are hearing arguments in this writ petition, as well as companion writ petition No.848 of 2008 together, since yesterday afternoon. However, as we find that many more issues than mere deletion of name of petitioner-trust from the provisional list of non producer members, crop up in writ petition No. 848 of 2008, we are separating writ petitions and at present, we are dealing with and disposing of present writ petition No.1102 of 2008, by strictly confining ourselves to the issue, whether the objections raised by Respondent No.4, which are considered by the Collector-Respondent No.2, were sufficient to delete the name of the petitioner from the provisional voters list of non producer members.

(3.) Advocate Shri Salunke placed reliance on certain provisions of the Maharashtra Cooperative Societies Act, 1960 ("MCS Act" for brevity's sake) and the Election Rules of 1071 for specified societies and also the bye-laws of the society. He has demonstrated that the petitioner-trust was factually admitted as non producer member and it can be so admitted.