IN THE HIGH COURT OF BOMBAY
(AURANGABAD BENCH)
Mhase S.B. Bagga A.S., JJ.
Vasantrao Annasaheb Ubale others .... Petitioners.
Versus
State of Maharashtra others.... Respondents.
Writ Petition Nos. 4627, 5139, 4765 of 2000 86, 68 of 2001, decided on 12-2-2001.
Advocates appeared :
R.N. Dhorde, A.M. Gaikwad, Deelip Patil Bankar V.D. Hon, for petitioner.
Mrs. M.N. Deshpande, A.G.P., R.T. Naqargoje, S.S. Manale, Pradip Deshmukh, Goswami, C.K. Shinde, A.G.P., S.K. Kadam, V.K. Jaju, A.G.P. and E.P. Savant, G.P., for respondents.
Maharashtra Co-operative Societies Act, 1960 - Section 27(3) and (3-A) - Amendments in section 27 brought into force by the Amending Act will have only prospective effect. AIR 1995 SC 1012; AIR 1991 SC 1654; AIR 1965 SC 1567; (1994)2 SCC 726; AIR 1968 SC 1489; (1992)1 SCC 673 - Distinguished; (1989)2 SCC 95 - Overruled in (1995)2 SCC 559.
2. Writ Petition No. 4627 of 2000 sets out following facts which are relevant for interpretation of the said amending section.
3. On 26th June, 1998 the respondent No. 5 was registered under the Maharashtra Co-operative Societies Act, 1960 and the first provisional managing committee was appointed with 224 promoter members. Thereafter in the first meeting held on 30-6-1999, a resolution was passed admitting 253 persons who were eligible and who have complied the requirements of the bye-laws to the membership of the respondent No. 5 society. The said resolution was forwarded to the Assistant Registrar, the respondent No. 2, for approval and the approval was granted. On 21st January, 2000, the respondent No. 2 superseded the Managing Committee of the respondent No. 5 and appointed the Administrator on the said society. In Writ Petition No. 1983 of 2000 and 2140 of 2000, preferred by the Managing Committee members, apart from passing certain orders, this Court also directed that the election of the respondent No. 5 society shall be held within a period of six months from the date of order i.e. 12-7-2000. In the meanwhile, the above referred amendment was introduced in the Act on 17-10-2000. The respondent No. 3 was appointed as Returning Officer and the election programme was published in the newspaper "Parshwabhoomi" on 19-10-2000 and the provisional list of voters as on 30-6-2000 was published. All the members enrolled by the said society as on that date were included in the voters list. On 23-10-2000 the objections to the said voters list were raised and by an order dated 1-11-2000, the Returning Officer directed to delete the names of the voters from Sr. No. 225 of 477 of the voters list in view of the provisions of section 27(3-A) of the Act, and therefore, the present petition has been filed.
4. In the aforesaid writ petition, this Court has granted Rule on 7-11-2000, however, no interim relief was granted. However, during pendency of this petition, the elections to the Managing Committee of the respondent No. 5 are completed.
5. Facts in Writ Petition No. 86 of 2001 are that the petitioners are the members of the respondent No. 4 society. On 22nd December, 2000 the provisional voters list was published. The last date for raising objection to the provisional voters list was 26th December, 2000 and on the same date, the objections were raised by the petitioners in respect of 250 to 300 members who were enrolled during the period of last two years i.e. prior to the date of publication of voters list. The petitioners have raised objection that in view of the amended provisions of section 27(3) and 27(3-A) of the Act, the members who have been enrolled within a period of two years prior to the date of publication of voters list should not have been included in the voters list and their names should have been deleted. As the names were not deleted as per the objection raised by the petitioners, in view of the amended provisions of section 27(3) and 27(3-A) of the Act, the present petition has been filed. Apart from this main grievance, there are other objections of the petitioners to the said voters list, such as members who are residing outside the area of operation of the society have been included in the voters list, minor members have been included in the voters list etc. However, this Court is not concerned with the said objections except the objection raised in view of the amended provisions of section 27(3) and 27(3-A) of the Act. In this petition, Rule was issued by this Court on 10-1-2001, however, during pendency of this petition, the elections of the respon
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