Naresh H Patil, J.

1. Heard learned Counsel appearing for the parties.

2. Rule. Rule made returnable forthwith. By consent of the learned counsel appearing for the parties the petition is taken up for final hearing.

3. The petitioners initially challenged communications dated 21st July 2006 and 25th July 2006 issued by the Collector Mumbai whereby cut off date as 30th June 2002 was fixed for preparation of list of voters for holding elections to the Managing Committee of respondent No.4 - Maharashtra State Cooperative Marketing Federation Limited (for short "the Federation"). The petitioners further prayed for directions to respondents Nos.3 and 4 to include their names in the list of voters as they have completed 3 years as members of the federal society. This petition was filed on 31-8-2006.

4. The petitioners filed Civil Application Stamp No.3339 of 2007. By the said civil application the petitioners sought to amend the petition and add some prayer clauses. The petitioners prayed in the amended prayer clauses to quash and set aside communication dated 30th July 2007 issued by the Collector Mumbai to respondent No.4 - Federation in respect of preparation of list of voters fixing the qualifying date as 30th June 2002.

5. The petitioners contend that they are registered societies under the Maharashtra Cooperative Societies Act, 1960 (for short, "the Act, 1960"). They are registered as Marketing Societies and Sale and Purchase Societies under the Act, 1960. They contend that they are valid members of respondent No.4 Federation. Respondent No.4 is admittedly a specified cooperative society within the meaning of Section 73-G of the Act, 1960 as well as Federal Society of all the Marketing Societies and Sale and Purchase Societies in the State of Maharashtra.

6. It is contended that the earlier elections of the Managing Committee of the Federation were held in the month of August 1998. First meeting of the elected Managing Committee was held on 9th September 1998. The term of the elected Managing Committee of respondent No.4 Federation had come to an end on 9th September 2003. The term of the Federation got extended for five times under Notifications issued by the Government of Maharashtra from time to time.

7. The petitioners contend that Writ Petition No.2283 of 2006 was filed in the Nagpur Bench of Bombay High Court praying for quashing and setting aside order dated 11th October 2005 passed by the State Government granting extension to the Managing Committee of the Federation for four times. By an order dated 4th July 2006 the learned Single Judge passed a reasoned order. Para four of the said order reads thus:

"4.Admittedly, the elections of the respondent No.4 were held in the year 1998. As such the elections were due to be held in 2003. In that view of the matter, provisional list of voters is required to be prepared by taking 30th June 2002 as a cut off date. However, only such societies or members who had invested or who had become members of the federal society prior to 30th June 2000 could be eligible to participate in the voting." By an order dated 17th July 2006 the learned Single Judge at Nagpur Bench finally disposed of Writ petition No.2283 of 2006. The Collector Mumbai by his order dated 21st July 2006 published a programme about preparation of voters list of respondent No.4 - Federation. The Collector fixed cut off date as 30th June 2002 as eligibility for inclusion of names in the list of voters. A communication was issued by the Collector Mumbai to respondent No.4 - Federation on 25th July 2007 requesting for preparation of list of voters considering the cut off date as 30th June 2002. The Collector informed to prepare list of voters of the societies who became member of the Federat