S. A. BOBDE, J.

( 1 ) THIS petition is by the Gadhinglaj Taluka Sahakari Sakhar karkhana Ltd. The petitioner has challenged the order of the Collector, kolhapur, deleting the names of 29 voters being member societies, from the voters' list for the elections to the Managing Committee or the petitioner-Society. All the voters who are deleted are the Members, Co-operative Societies of the petition.

( 2 ) A perusal of the impugned order shows that the 29 members - Society have been deleted, principally on the ground that there is a non-compliance of Section 27 (3) of the Maharashtra Co-operative Societies Act, 1960 and in particular the proviso therto. The proviso lays down that new member - Society shall be eligible to vote only after completion of the period of 3 years from the date of its investing in the shares of the federal society. Sub-Section (3) reads as follows :-

"a society, which has invested any part of its funds in the shares of any federal society, may appoint one of its members to vote on its behalf in the affairs of that federal society; and accordingly such member shall have the right to vote on behalf of the society: provided that, any new member society of a