ORAL JUDGMENT :-The parties were heard on 11-12-2006 at the stage of Admission itself and matter was adjourned to 18-12-2006 for passing orders. However, it appears that on account of wrong noting of date matter was not listed on 18-12-2006 and then it was mentioned by learned Counsel for petitioner. The mistake was thereafter discovered and matter is listed today on board for admission.

2. Rule is made returnable forthwith and by consent of parties matter is heard finally.

3. The challenge in this petition is to the order dated 6-11-2006 passed by the respondent No. 1 Collector, directing deletion of name of present petitioner from the voters list of respondent No. 4 Co-operative Society and directing inclusion of name of objector before him i.e. the present respondent No.3 in the voters list. The respondent No. 1 Resident Deputy Collector has upheld the objection of respondent No.3 on the ground that as petitioner did not complete two years period as member of Primary Society i.e. respondent No.2, he was not entitled to vote in its affairs and hence, he could not have been sent by respondent No.2 Society, as its representative to participate and vote in affairs of respondent No.4 Federal Society. The Resident Deputy Collector has found that the provisions of section 27(3) and 27(3A) of the Maharashtra Co-operative Societies Act, 1960 have been amended at some time and object of the amendment is to see that the member does not get voting rights in affairs of the

Society till he completes requisite period of two years. He has extended the analogy to the representative to be forwarded by the said Society to participate in the affairs of the Federal Society on the ground that it would be contrary to the object of the Act, if a member who has no voting rights in the affairs of his Society is permitted to participate in the affairs of the Federal Society. Provisions of section 27 reads as under:

"27. Voting powers of members. - (1) Save as otherwise provided in sub-section (2) to (7) both inclusive, no member of any Society shall have more than one vote in its affairs; and every right to vote shall be exercised personally and not by proxy;

Provided that, in the case of an equality of votes the Chairman shall have a casting vote;

(2) Where a share of a Society is held jointly by more than one person (the person whose name stands first in the share certificate, if present, shall have the right to vote. But in his absence whose name stands next, and likewise, in the absence of the preceding persons the person whose name is next on the share certificate, who is present and who is not a minor, shall have the right to vote.)

(3) 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 Federal Society shall be eligible to vote in the affairs of that Federal Society only after the completion of the period of three years from the date of its investing any part of its fund in the shares of such Federal Society.

(3A) An individual member of a Society shall not be eligible for voting in the affairs of that Society for a period of two years from the date of his enrolment as a member of such Society. "

4. It is therefore apparent that an individual member of Society is not eligible for voting in the affairs of the said Society for a period of two years after his enrollment. Similarly a Society like the respondent No. 2 Society who is member of respondent No. 4 Society is eligible to vote in the affairs of the respondent No.4 Federal Society, only after completion of period of three years from the date of its investment in the share of respondent No.4 Society. Here it is not in dispute that the respondent No.2 Society has completed necessary period of three years and therefore, is eligible to vote i

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