The central legal point established in the judgment is the interpretation of the eligibility criteria for a member society to vote in the affairs of a federal society under Section 27(3) of the Maharashtra Co-operative Societies Act, 1960.

JUDGMENT

1. By consent, heard finally at admission stage.

2. The petitioner is a Co-operative Society registered under the provisions of Maharashtra Co-operative Societies Act, 1960 (hereinafter for the sake of brevity referred to as "the Societies Act"). By way of present writ petition, the petitioner is challenging the legality, validity and propriety of the order dated 15.01.2021 passed by respondent No.1, thereby rejecting the objection raised by the petitioner for including the name of delegate of the petitioner society in the final voters list in the ensuing elections of respondent No.4-Parbhani District Central Co-operative Bank Limited, Parbhani (hereinafter for the sake of brevity referred to as "respondent No.4 Bank").

3. The learned senior counsel for the petitioner submits that the petitioner society is registered on 4.6.2016. After registration of the petitioner society, the petitioner society has passed resolution in the general body meeting on 8.6.2016 for taking the membership of respondent No.4 Bank and accordingly the application for membership was filed on 11.7.2016. The petitioner society has also purchased the share capital for the membership of respondent No.4 Bank on 11.7.2016 itself. Learned senior counsel submits that in view of the provisions of section 27(3) of the Societies Act, any new member society of a federal society shall be eligible to vote in the affairs of that federal society only after 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. Learned senior counsel submits that the petitioner society has completed three years on 10.7.2019 from the date of investment of its share in the federal society and as such, the petitioner society is eligible to take part in the elections of respondent No.4 Bank. Learned senior counsel submits that even respondent No.4 Bank has issued certificate on 17.3.2020 certifying therein that the petitioner society had paid the amount of shares on 11.7.2016 itself and further, as per the said certificate, respondent No.4 Bank has granted membership in favour of the petitioner society on 20.5.2017. Learned senior counsel submits that the petitioner society has passed resolution in the meeting dated 27.2.2020 for sending the name of delegate to include the said name in the voters list of respondent No.4 Bank and in view of the same, name of the petitioner society is required to be included in the provisional voters list of respondent No.4 Bank. Though respondent No.4 Bank has published the voters list on 16.3.2020, name of the petitioner society was not included in the provisional voters list. Thus, the petitioner has filed objection on 19.3.2020, however, due to outbreak of COVID-19, the election programme of respondent No.4 Bank was postponed. Pursuant to the new election programme, the petitioner society again raised objection on 6.1.2021 with similar request for inclusion of name of the delegate of the petitioner society in the voters list. Learned senior counsel submits that respondent No.1 has not considered the date of investment of shares for computing the period of three years and rejected the objection raised by the petitioner on 15.1.2021.

Learned senior counsel for the petitioner, in order to substantiate his submissions, placed reliance on the following cases :-

1. Dudhganga Vikas Seva Sanstha Mary ad it vs. Distt. Collector, Kolhapur and Others, reported in (2006) 5 SCC 250.

2. Dhule Gram in Vikas Bhajipala Phal Phalawal Va Phule Kharedi Vikri Sahakari Sanstha Ltd. and Others vs. State of Maharashtra and Others, reported in 2007 (5) ALL MR 867.

3. Amrutdhara Dudh Utpadak Sahakari Sanstha and Another vs. The State of Maharashtra and Others, reported in 2012 (3) ALL MR 850.

4. Babaji Kondaji Garad and Others vs. Nasik Merchants Co-operative Bank Ltd., Nasik and Others, reported in AIR 1984 SC 192.

4. Mr. Suryawanshi, learned counsel for respondent No.4 Bank submits in terms of the provi