JUDGMENT - GAVAI B.R., J.:---The present petition has been filed by the petitioner, praying for a writ of mandamus to declare the election programme dated 11-3-2002, published by the Collector, Washim for the election to the Managing Committee of Shri Balaji Sahakari Sut Girni Maryadit, Risod, to be illegal and bad in law, being violative of statutory mandate of section 73-B of the Maharashtra Co-operative Societies Act (hereinafter referred as the "said Act"). The petitioner further prays for a direction to the Collector, Washim, to hold the elections afresh by including four additional seats as prescribed thereunder.

2. The facts, in brief, giving rise to the filing of present petition are as under.

3. The tenure of the nominated board of the respondent No. 4, Shri Balaji Sahakari Sut Girni Maryadit, Risod (hereinafter referred to as the "said society") came to an end on 24-3-2001. It appears that there was certain litigation in this Court, with regard to appointment of an administrator, on the ground that the tenure of the nominated board of directors had expired. It further appears that the Joint Registrar, Co-operative Societies, by order dated 16-10-2001 appointed District Deputy Registrar as an administrator of the society, as per the directions issued by the State Government on 10-11-2001.

4. The provisional list of voters of the said society was published on 8 January, 2001 in accordance with the Maharashtra Specified Co-operative Societies Elections to Committee Rules, 1971 (hereinafter referred as the "said Rules"). The final list of voters was published on 4-2-2002. It appears that there was a petition filed in this Court, by one Parashram Gade Junghare, challenging the final list of voters, being Writ Petition No. 1053 of 2002, which came to be dismissed on 1st April, 2002.

5. On 23rd April, 2001 an ordinance was promulgated, amending section 73-B of the Act, thereby making certain changes in sub-section (1) of section 73-B of the said Act. Sub-section (1) of section 73-B as amended, provides for four reserved seats as under :-

"(a) one for the members belonging to the Scheduled Castes or Scheduled Tribes:

(a-1) one for the members belonging to the Other Backward Classes;

(a-2) one for the members belonging to the De-notified Tribes (Vimukhta Jatis), Nomadic Tribes or Special Backward Classes; and;

(b) one for the members belonging to the weakers section."

6. The Collector, Washim on 11th March, 2002, published the election programme for election of the Committee of the said society. The said programme was published for election of members from following categories.

(i) Representatives from the producers-member category - 10.

(ii) Representatives from co-operative societies- members category - 1.

(iii) Representatives from weaker section member category 1.

(iv) Representative from Scheduled Castes, Scheduled Tribes and Vimukta Jatis-member category 1.

(v) Representative from women-members category 2.

7. In pursuance of the election programme, the petitioner filed his nomination papers, from the constituency reserved for Scheduled Castes, Scheduled Tribes and Vimukta Jatis. At the time of scrutiny, the petitioner submitted his cast certificate, certifying that he belongs to "Dhangar" which is Nomadic Tribe. The Returning Officer, vide his order dated 19th March, 2002, rejected the nomination of the petitioner, on the ground that, since election was being conducted as per the election programme published by the Collector, which did not provide for reservations for Nomadic Tribes and since the petitioner did not belong to Scheduled Castes, Scheduled Tribes or Vimukta Jatis; he was not eligible to contest from reserved constituency. Aggrieved by the rejection of his nomination, the petitioner approached the Collector, Washim vide representation dated 23rd March, 2002, pointing out the provisions of amended section 73-B and requesting him to stay the election programme. Since the Collector, Washim did not respond to the represe

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