JUDGMENT - KARNIK D.G., J.:---By order dated 28th March, 2003, this Court issued notice to the respondents indicating that the matter would be heard and finally disposed of at the admission stage itself. The petition was accordingly heard finally on 6th October, 2003 and the judgment was reserved which we pronounce today.

2. The petitioners are borrower members of the respondent No. 3 which is a co-operative society registered under the Maharashtra Co-operative Societies Act, 1916 (for short 'the Act'). The respondent No. 3 is a Vividh Karyakari Seva Sahakari Society. The respondent No. 1 is the Election Officer attached to the office of District Deputy Registrar of co-operative societies, Solapur. The respondent Nos. 4 to 26 are the candidates to the election of the Managing Committee (for short 'the Committee') of the respondent No. 3 society. Under the Bye-laws of the respondent No. 3 society the Committee consists of 17 members out of which 10 members are elected from the borrower members and one members is to be elected from non-borrower members. Six seats are reserved, 1 seat for persons belonging to Scheduled Caste and Scheduled Tribes, 1 seat for persons belonging to economically weaker sections, 1 seat for persons belonging to Other Backward Classes, 1 seat for persons belonging to Nomadic Tribes/Special Backward Class and 1 for the women.

3. Under Bye-law No. 38-A of the approved bye-laws of the respondent No. 3-society (hereinafter referred to as “bye-laws”), the electorate of the respondent No. 3 society is divided in two constituencies and voters' list is also to be published in two parts viz.

(i) “A” Class Borrower Members' Constituency.

(ii) “B” Class Non-borrower Members' Constituency.

The election to both the constituencies of borrower members as well as non-borrower members are to be held simultaneously but in different constituencies. 'A' Class borrower members belonging to 'A' Class borrowers' constituency are entitled to vote only to the candidates contesting elections from that constituency and 'B' Class non-borrower members are entitled to vote only to the candidate contesting from that constituency. All members belonging both to the borrower as well as non-borrower constituencies are entitled to vote for the elections of the reserved seats for candidates belonging to weaker sections and Backward Classes, women etc.

4. An election programme for the election of the Committee of the respondent No. 3 society for the years 2002-2003 to 2007-2008 was declared by the respondent No. 1 on or about 7th February, 2003. Under the said election programme, nominations were to be filed on or before 4th March, 2003. Scrutiny of the nomination papers was to be made on 5th March and list of candidates whose nominations were accepted was also to be published on the same date. The last date of withdrawal of nomination was 19th March, 2003 and the voting was to take place on 30th March, 2003. Counting of votes was to begin on 31st March, 2003 and results were to be declared immediately after the counting. The petitioner apprehended that as per Bye-law No. 38-A of the Bye-laws of the respondent No. 3 society borrower members would be allowed to vote only in the constituency of borrowing members and non-borrower members would be allowed to vote only for 1 seats meant for non-borrower members. According to the petitioners, this is contrary to law and all the members of the respondent No. 3 society are entitled to vote for all the posts of the Committee members. The petitioner who is a non-borrowing member, has filed the present petition alleging that he would not be allowed to vote for the post of borrower members, for a direction that borrower members as well as non-borrower members be allowed to vote for all the seats. By an interim order dated 28th March, 2003, the Division Bench of this Court granted ad interim relief directing that all the non-borrower members as well as borrower members be allowed to vote for all the seats s

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