Oral Judgment: (Ferdino I. Rebello, J.)

1. Rule by consent. Heard forthwith.

2. The Petitioner is a specified society as classified under Section 73(G) of the Maharashtra Co-operative Societies Act, 1960 which hereinafter referred to as the ‘M.C.S. Act’. On 23.6.2009 respondent no.2 published the programme for finalisation of the voters’ list. The society on 16.7.2009 published the provisional voters’ list under Rule 4(2) of the Maharashtra Specified Co-operative Societies Election to Committee Rules, 1971 hereinafter referred to as ‘Election Rules’. The objections to the provisional list of voters were to be submitted on or before 24.7.2009. It is the case of the petitioners that some objections have been filed to the said provisional list of voters.

3. Petitioners state that simultaneous with the publication of the programme for finalisation of the voters’ list, respondent no.2 directed respondent no.3 to hold an enquiry under Sections 25 and 25-A of the M.C.S. Act, 1960 and the said enquiry was to be completed on or before 7th July, 2009 and the report was to be forwarded to respondent no.2 by 8th July, 2009. Respondent No.3 has accordingly asked the petitioners to furnish all records in respect of the members registered in Form I and J Register and hence, the present petition.

4. It is urged on behalf of the petitioners that the respondent no.2 has no jurisdiction to pass the order in nature of order dated 23.6.2009 under the said Rules as no such powers have been expressly conferred upon him under 6(2) of the Election Rules. Direction, therefore, by the respondent no.2 to respondent no.3 to conduct an enquiry as to membership is totally without jurisdiction and on this count, the communication dated 23.6.2009 is liable to be quashed and set aside.

5. On behalf of the respondents, the learned counsel submits that this is not a fit case for this Court to exercise its extraordinary writ jurisdiction.

6. Holding of election to the prescribed society is governed by the provisions of Election Rules. Relevant provision is Rule 6. Under Rule 6, when any Provisional list of Voters’ is published claims are to be invited also objections, any omission or error in the list have to be brought to the notice of the Collector by any member of the society concerned who is a voter or any delegate authorised to vote on behalf of such society. Any person making claim or objection must do so on or before 31st July, during office hours or time extended. The procedure is then laid down as to how the objections have to be dealt with, which includes Rule 6(6) whereby Collector after receipt of applications, is authorised to forward the same to the District Deputy Registrar to make enquiry arising out of claims, objections, etc. and submit the report to him. On such report being submitted, Collector has to communicate its decision in writing to the persons concerned after considering the applications and the report and thereafter, voters’ list be accordingly be finalised. Under Rule 7 copies of the final list of voters of every society shall be displayed on the notice board of offices of the Collector, the District Deputy Registrar and the society.

7. In the instance case, provisional list of voters’ was published on 16.7.2009. Enquiry was ordered on 23.6.2009. In other words, the letter addressed by respondent no.2 to 3 to consider the provisions of Section 25 and 25A of the Act are not relatable to any objections filed under Rule 6 of the Election Rules. Also the objections can be only by a member or a authorised delegate.

8. Next question is whether apart from the power conferred by the Rules and Election Rules, respondent no.2 has any jurisdiction to call the respondent no.3 to enquire as to whether the society has complied with the requirements of Section 25 and 25A of the M.C.S. Act after the election process has commenced under the Election Rules the jurisdiction of the respondent no.2 commenced when firstly to publish the elec