JUDGMENT - M.S. VAIDYA, J.:---Liberty to add State as a party.

2. Rule made returnable forthwith by consent.

3. Mr. E.P. Sawant, A.G.P., waives notices for respondents Nos. 1, 2 and 5, Mr. Jadhav for respondent No. 3 and Mr. Parundekar for respondent No. 4.

4. The petitioner is a producer member of respondent No. 3 Karkhana which is a specified society for the purposes of Maharashtra Co-operative Societies Act, 1960. The elections for the managing committee were declared on 16-6-1994 and the last date for filing the nomination papers was 22-6-1994. The date fixed for scrutiny was 23-6-1994.

5. At the time of the scrutiny, respondent No. 4 filed an objection (vide Exhibit A-, page 12) that the petitioner was a defaulter inasmuch as an amount of Rs. 3,427.25 was due to the Karkhana from him. The scrutiny was, therefore, adjourned under proviso to Rule 23(5) of the Specified Co-operative Societies Election to Committees Rules, 1971 by the Returning Officer to 24-6-1994 on application. On that day, the petitioner tendered before the Returning Officer a challan from A.D.C.C. Bank, Aurangabad, showing the deposit of amount of Rs. 3,000/- in the account of the respondent No. 3 Karkhana on 2

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