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2018 Supreme(Bom) 1985

C.V.BHADANG
Noella Fernandes – Appellant
Versus
Registrar of Co-Operative Societies, Panaji – Respondent


Advocates Appeared:
For the Petitioner: Shri Melwin A. Viegas.
For the Respondents: Shri Arun Talaulikar, Shri V. Naik.

JUDGMENT :

C.V. Bhadang, J.

1. Rule, made returnable forthwith. Shri Talaulikar, the learned Additional Government Advocate waives service for respondent no. 1, 2 and 7 and Mr. Naik, the learned counsel waives service for respondent no. 5 and 6. Heard finally by consent of parties.

2. This petition has to succeed on a short count. The election to the board of directors of the third respondent Co-operative Housing Maintainable Society are proposed to be held and hence the first respondent Registrar of Co-operative Societies had undertaken the exercise of the preparation of the voter's list. Rule 53 of the Goa Cooperative Societies Rules 2003 speaks of preparation of a provisional list of voters. The said rule envisages that the provisional list of voters shall be prepared by every such society in the year in which the election of such society is due to be held. The elections were due to be held on 21.4.2018. Admittedly, the petitioners were enrolled as members of the Society subsequent to 31.3.2017. The cooperative year is from 1.4.2016 to 31.3.2017.

3. The petitioners lodged an objection before the first respondent claiming that their names should be included in the list of voters on t









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