JUDGMENT - REBELLO F.I., J.:-Rule. Respondents waive service. Heard forthwith. 2. Petitioners are the members of Chas (Vividha Karyakari Sahakari Sewa Sanstha Maryadit, Chas (Nali), taluka Kopergaon, District Ahmednagar. By the present petition, the petitioners are challenging the legality and validity of the circular dated 23-7-2003, issued by the District Deputy Registrar, Co-operative societies, Ahmednagar. By the said circular, it has been set out that in case of notified co-operative societies, while preparing draft list of voters, the names of those individual are to be included who have been enrolled before 120 days prior to the date on which the tenure of the Managing Committee members ends and who have completed two years. Opposing the said circular, it is contended on behalf of the petitioners that the cut-off date, as set out in the said circular, for preparation of voters list for the ensuing elections to the Managing Committee members has been fixed, which is contrary to the provisions of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the Co-operative Societies Act) and the Rules framed thereunder (hereinafter referred to as the Rules). The authorities, it is contended, while fixing the cut-off date, have deprived several valid voters, the right of franchise, in the ensuing elections. The circular, therefore, it is contended, is contrary to the provisions of law. Pursuant to that letter/circular, a fresh circular/letter was issued by which the cut-off date, for preparing the voters list and who can be included in the voters list is set out. This letter/circular is also challenged being contrary to the provisions of the Co-operative Societies Act. 3. It is the contention of the petitioners that, they are members of the society, which is a notified society, within the meaning of section 73-IC of the Co-operative Societies Act and, therefore, the elections of the Managing Committee members of the said society are required to be held in accordance with the provisions of Chapter V-A of the Maharashtra Co-operative Societies Rules, 1961. The petitioners, it is averred, are interested in the elections, to be held for the Managing Committee members, in accordance with the provisions of the Act, Rules and bye-laws. The petitioners, it is averred, are interested in the elections, to be held for the Managing Committee members, in accordance with the provisions of the Act, Rules and bye-laws. The petitioner No. 1, it is averred, will be directly affected, as a result of the order passed by the Assistant Registrar as, his name is likely to be deleted from the voters list, in case cut off date is taken as 27-4-2001 (17-4-2001). Petitioner No. 2, it is averred, is desirous of contesting the elections and, as such, interested in getting the voters list prepared in accordance with the provisions of law. The petitioner No. 3, it is averred, is a sitting Managing Committee member and is interested in the election process. The petitioner No. 4 is also proposing to contest the elections. The Government by Resolution of 26th June, 2003, it is averred, have postponed the elections to Co-operative Societies in the State, on account of rainy season till 30th Sept., 2003. The election process, which has already been set in motion, has come to a standstill and the authorities would not proceed with the election process after, 30th September, 2003. The co-operative society, being a notified society, the election of the Managing Committee are to be held by the District Election Officer, namely, respondent No. 2 District Deputy Registrar. The last elections were held on 19-7-1998. The first meeting for election the Chairman was held on 18-8-1998. According to the petitioners, the term of the Managing Committee would expire on 17-8-2003, considering that the term of every Managing Committee is for five years. It is further averred that Rule 56-A and Rule 56-B, which fall under Chapter V-A of the Rules framed in 1961, lay down the procedure for amendment and preparation of the provisional list of voters. It is averred that Rule No. 56-B lays down the procedure for preparation of voters list and in terms thereof persons who are members as on the date prior to 180 days of the date on which the term of the Committee of such society expires shall be included in the provisional voters list. Petitioners then aver that, as the elections were due, the society's Managing Committee had prepared the voters list of the members, registered and recorded. Petitioners then aver that, as the elections were due, the society's Managing Committee had prepared the voters list of the members, registered and recorded. Two separate lists were prepared; the first being of borrower members, having a total strength of 335 members and the another list of non borrower members, having 63 members. As such, it is these 398 members who are eligible voters, which list was prepared and, by letter of 9-5-2003, submitted to the office of the Assistant Registrar, Kopergaon. It is further set out that the cut-off date, in accordance with the Rules, Regulations and the circular issued by the District Deputy Registrar, was taken as 19-7-2001, and the voters list was prepared showing total voters as 398. It is than set out that respondent No. 2 could have declared the programme for declaration and finalization of the voters list. In the meantime, however, the Government postponed the elections on 26-6-2003 and, since then the authorities have not taken any further steps for finalization of the voters list. The voters list was sent back intimating that the Government has postponed the elections till 30th Sept., 2003, and, accordingly, the voters list be sent again before 30th Sept., 2003. Reference is then made to the circular issued by the District Deputy Registrar dt. 23-7-2003, where by the said authority has communicated to all its subordinate Officers to comply with the provisions of section 27(3-A) of the Co-operative Societies Act. In terms of the amended section, to be eligible, to qualify as a voter, period of two years has been prescribed from the date of enrolment as a member of the society. It is then set out that, under Rule 56-B, the requirement prescribed is a further period of 180 days apart from two years. The circular provides that the voters list be prepared and submitted accordingly. On the reading of section 27(3-A) and Rule 56-B, it is pointed out that the provisions of section 27(3-A) will have overriding effect on the provisions of Rule 56-B, and the society will have, therefore, to prepare the voters list, showing the eligibility of two years. The circular provides that the voters list be prepared and submitted accordingly. On the reading of section 27(3-A) and Rule 56-B, it is pointed out that the provisions of section 27(3-A) will have overriding effect on the provisions of Rule 56-B, and the society will have, therefore, to prepare the voters list, showing the eligibility of two years. The society, of which the petitioners are members, had prepared voters list showing the cut off date as 19-7-2001 i.e. exactly two years from the date of expiry of the term of the society, which expired on 17-8-2003 and the society prepared the voters list in accordance with the provisions of section 27(3-A). The Assistant Registrar, it is pointed out, has no occasion to issue any fresh direction, which would run contrary to the provisions of section 27(3-A) and also Rule 56-B. The Assistant Registrar of the Co-operative Societies, it is pointed out, has passed an order dated 22-8-2003. informing the Chairman of the society that the society will have to submit the voters list by 15-9-2003 and for the said voters list, the cut-off date for preparation of the voters list would be 27-4-2001. It is pointed out that the authority, in his order, has observed that the term of the outgoing Committee has commenced on 18-8-1998 and expired on 17-8-2003. 120 days prior to the expiry of the term would come to 17-4-2003 and, therefore, a further period of two years is required to be kept and, considering that period of two years plus 120 days, the cut off date is taken as 27-4-2001. Based on this cut-off date, direction has been issued to the society to submit the voters list. This order, it is pointed out, is contrary to the provisions of section 27(3-A) and the provisions of Rule 56-B and, as such, the authorities acted mala fide under political pressure and, thereby, disturbed the entire election process. It is pointed out that the cut-off date ought to be 19-7-2001 and not 27-4-2001 as has been set out by the Assistant Registrar. It is further pointed out, the authorities cannot take advantage of the postponement of the elections and, thereby interfere in the voters list, by issuing orders and changing the cut off date at their whims and fancies. The order date 22-8-2003, therefore, it is pointed out, is bad, void and unconstitutional. It is further pointed out, the authorities cannot take advantage of the postponement of the elections and, thereby interfere in the voters list, by issuing orders and changing the cut off date at their whims and fancies. The order date 22-8-2003, therefore, it is pointed out, is bad, void and unconstitutional. The fixing of cut off date as 27-4-2001, is without any basis and the change is without any power and authority. The respondent Nos. 2 and 3, it is pointed out, are also acting mala fide, arbitrarily and have practised discrimination. Reference is made to some other society, of which elections have been held where the cut off date has been fixed in terms of section 27(3-A). By an amendment to the petition, Rule 56-B, as amended on 18-2-2002, has been set out. It is pointed out that, by the amendment of Rule 56-B, what has happened is that the period of eligibility for becoming a valid voter, which was 180 days prior to the expiry of the term, is changed to that of two years and the period of 120 days is contemplated for delivery of the voters list. What has happened is that, in place of 180 days, the period of two years is incorporated. 4. An affidavit has been filed on behalf of the respondent Nos. 2 and 3. It is therein set out that the communication dated 22-8-2003, issued by the office of the respondent No. 3 is based on the provisions of section 27(3-A) of the Co-operative Societies Act read with the provisions of Rule 56-B of the Rules framed thereunder. It is pointed out that Chasnali Vividha Karyakari Sewa Society Ltd., is a notified society within the meaning of section 73-IC of the Maharashtra Co-operative Societies Act, 1960. The term of the Managing Committee expired on 17-8-2003, however, the Government of Maharashtra, by notification dated 26-6-2003 postponed the election to 30th September, 2003, on account of rainy season of all the co-operative societies of which voters lists have not been finalized. In terms of Rule 56-B, as amended, the provisional list of voters has to be prepared in the year in which the election of such society is due to be held and the persons who have completed minimum two years as members from the date of enrollment has to be included in the provisional list. In terms of Rule 56-B, as amended, the provisional list of voters has to be prepared in the year in which the election of such society is due to be held and the persons who have completed minimum two years as members from the date of enrollment has to be included in the provisional list. The Rule, as amended, lays down that, unless two years period is completed from the date of enrolment of a member, on the cut off date, such a member is not eligible to have his name included in the provisional list of voters. In terms of the said Rule, further, an authenticated provisional list of voters has to be delivered by the Chief Executive Officer of the Society to the Registrar 120 days before the date of expiry of the term of the Committee. There is then a procedure for finalizing the voters list. It is pointed out that, most of the notified societies submitted provisional list of voters, who came to be enrolled before two years from the date of expiry of the term of the Managing Committee. It was noted that in terms of Rule 56-B, the voters list has to be submitted 120 days before the date of expiry of the term of the Committee and, therefore, it is those, persons, who have been enrolled before two years on the cut off date i.e. 120 days before the expiry of the term of the Managing Committee, whose names alone are to be included in the voters list. It is in these circumstances that it was thought fit to issue the circular dated 23-7-2003. It is pointed out that merely because the members may have completed two years, as on the date on which the term of the Managing Committee expires, that does not make them eligible to be included in the provisional list of voters because of the mandate contained in Rule 56-B(2) of the Co-operative Societies Rules. It is then set out that the term of the Managing Committee expired on 17-4-2003. The provisional list of voters has to be submitted on or before 17-4-2003. In the provisional voters list, therefore, only those members, who have completed two years as on 17-4-2003, could be included. The society was, therefore, under obligation to submit provisional voters list by including all members who came to be enrolled as members upto 17-4-2001. 5. The provisional list of voters has to be submitted on or before 17-4-2003. In the provisional voters list, therefore, only those members, who have completed two years as on 17-4-2003, could be included. The society was, therefore, under obligation to submit provisional voters list by including all members who came to be enrolled as members upto 17-4-2001. 5. From the record, it is seen that Civil Application No. 8093/2003 was moved by the Chasnali Vividha Karyakari Sewa Society Ltd. to intervene or be impleaded as a respondent, as they were not parties to the petition. We do not find any formal order passed for joining the said society but an affidavit has bee filed, which is styled as affidavit is reply on behalf of the respondent No. 4 which is, though on record, has not been verified or affirmed. There is additional affidavit dated 7th November, 2003, on behalf of the respondent No. 4, pointing out that election programme has commenced with the publication of the voters list on 13-10-2003 and considering that, this Court should not interfere with the election programme. Considering that the record shows that respondent No. 4 has been added as a party, though there is no formal order to that effect, by a separate order we have allowed Civil Application No. 8095/2003. 6. The relief as originally prayed and set out in the petition, was to quash the order dated 22nd August, 2003. By the amendment, relief was also sought to quash the circular dated 23-7-2003. No relief has been prayed for, challenging Rule 56-B on the ground of it being ultra vires section 27(3-A) of the Co-operative Societies Act. The challenges raised in the petition will have to be considered keeping that in mind. Before proceeding to consider and answer the issue raised herein, we may advert to the two circulars which are subject-matter of the challenge. The relevant portion of the circular dated 27-3-2003 reads as under: "While preparing the draft voters list of the notified societies, only those individual members are to be included in the list, who have been enrolled before 120 days prior to the date, on which the tenure of Managing Committee members ends and only those individual members, who have completed the period of two years. Now, the lists, as per the instructions given in this circular, are to be prepared and submitted." By the circular of 22-8-2003, of the Assistant Registrar specifically addressed to the Chairman/Secretary of the Chasnali Vividha Karyakari Sewa Society Ltd., it is set out that, the provisional lists of voters, which were sent to the office of the District Deputy Registrar, have been returned for necessary action. It is then stated that in case of notified co-operative societies, while preparing the provisional list of voters, only those persons who are the individual members 120 days before expiry of the term of the Committee and have completed two years period, should be included in the provisional list of voters and, considering that, a list of events and dates was fixed for guidance. We may reproduce the same. ----------------------------------------------------------------------------------------------- Sr. No. Particulars Date ----------------------------------------------------------------------------------------------- 1. Date of meeting of election of first President 18-8-1998 2. Date of expiry of time of the existing Committee 17-8-2003 3. 120 days before that date 17-4-2003 4. Cut of date for preparing the list of voters 17-4-2001 ----------------------------------------------------------------------------------------------- The society was called upon to submit the provisional list as per the above referred directions. 7. At the hearing of the petition, on behalf of the petitioners, it is submitted as under: (1) Considering section 27(3-A) read with Rule 56-B, a member is entitled to be eligible to vote if he completed two years on the date the election are to be held. (2) In the alternative, it is contended that it must be at least on the date of preparation of the final voters list, if not on the date of nomination, if the member has completed two years of membership. We may now examine both these contentions in the light of the provisions of the Act and Rules, which have been relied upon. For the sake of discussion, it would be necessary to reproduce section 27(3-A) which reads as under: "27 VOTING POWER OF A MEMBER. (1) ... ... (2) ... ... (3) ... ... We may now examine both these contentions in the light of the provisions of the Act and Rules, which have been relied upon. For the sake of discussion, it would be necessary to reproduce section 27(3-A) which reads as under: "27 VOTING POWER OF A MEMBER. (1) ... ... (2) ... ... (3) ... ... (3-A) 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." Sub-rules (1) and (2) of Rule 56-B may now be reproduced, which read as under: "56-B. PROVISIONAL LIST OF VOTERS.-(1) A provisional list of voters shall be prepared by every notified society in the year in which the election of the society is due to be held. The persons who have completed minimum two years as members from the date of their enrolment shall be included in the provisional list. If different constituencies are provided in the bye-laws, the names of the voters shall be arranged constituencywise as laid down in the bye-laws. (2) Four copies of the authenticated provisional list of voters shall be delivered by the Chief Executive Officer of the society to the Registrar, 120 days before the date of expiry of the term of the Committee. Copies of such list shall be displayed on the notice board of the society . The District Election Officer and the Registrar shall, within 15 days from the receipt, call for inviting claims and objections from the members of the society." 8. At the outset, it may be pointed out, as noted earlier, that the vires of sub-rules (1) and (2) of Rule 56-B has not been challenged, that the same are ultra vires of section 27(3-A) of the Co-operative Societies Act. Considering that, we shall have to examine whether the circulars dated 23-7-2003 and order dated 22-8-2003 are contrary to section 27(3-A) read with Rule 56-B(1) and (2) and further, whether, in the light of that, the submissions advanced on behalf of the petitioners can be accepted. We have already reproduced the various dates which would show that, after the last election, the first date of the meeting for election of the first President was fixed as 18-8-1998, which would be the date for commencement of the term of the Managing Committee. We have already reproduced the various dates which would show that, after the last election, the first date of the meeting for election of the first President was fixed as 18-8-1998, which would be the date for commencement of the term of the Managing Committee. Considering that, five years period would expire on 17-8-2003, under Rule 56-B(2) and the authenticated provisional list has to be delivered by the Chief Executive Officer to the Registrar 120 days before the date of expiry of the term of the society. Considering the aforesaid dates, therefore, the list ought to have been submitted on or before 17-4-2003. Under Rule 56-B, two things are set out; firstly, that the provisional list of voters would be prepared by every notified society in the year in which the elections of such society is due to be held and, secondly, it is only those persons who have completed minimum two years, as members, from the date of their enrolment, are to be included in the provisional voters list on the date the list is to be submitted under Rule 56-B(2). A conjoint reading of these two Rules will result in the following: (1) The provisional voters list has to be notified in the year in which the election of the society is due to be held. (2) The provisional list of voters shall be delivered to the Registrar 120 days before the date of expiry of the term of the Committee and, (3) Only those persons who have completed minimum two years as members from the date of the enrolment shall be included in the provisional list. Section 27(3-A), which we have reproduced, only sets out that individual member of the society shall not be eligible for voting in the affairs of the society for a period of two years from the date of his enrolment as a member of such society. The section, therefore, only provides the minimum term that, the member must to enrolled, before he becomes eligible for voting. Section 27(3-A) does not deal with the inclusion of the name in the voters list. It only, speaks of being eligible for voting. The second aspect of the matter is that, Rule 56-B(2) does not speak of the extended term of the Committee. Section 27(3-A) does not deal with the inclusion of the name in the voters list. It only, speaks of being eligible for voting. The second aspect of the matter is that, Rule 56-B(2) does not speak of the extended term of the Committee. It speaks about expiry of 120 days before the date of expiry to the term of the Committee and sub-rule (1) reads, "in the year in which the elections of such society is due to be held". Thus read, what is contemplated is, if the elections are not held or deferred or, even if the term is extended, the rue does not provide for such extended term but, for the term for which the Committee was originally elected. In our opinion, the term should not be read as the "extended term" either on account of failure to hold elections or, by extending the term of the Managing Committee. The rule, properly construed requires that, names of only those members be included in the provisional voters list, who have completed 120 days before the term comes to an end. That object should not be defeated by reading down the rule, so as to include the 'extended term'. The petitioners also do not dispute the same considering the contention that all voters who had completed two years on 17-8-2003, the last date of the term of the Committee, were eligible. In our opinion, the language of Rule 56-B is clear and requires no other mode of interpretation and that is why only those members are eligible to have their names included in the provisional voters list, who have completed two years as on the date the provisional voters list is prepared and this provisional voters list has to be prepared 120 days before the date of expiry of the term of the Committee. If so read, we find that neither the circular date 23-7-2003 nor order date 22-8-2003 is contrary to Rule 56-B. The contention that the provisions of section 27(3-A) must prevail over Rule 56-B, in our opinion, is not required to be gone into in the facts of the present case as, admittedly, the rule, based upon which the provisional voters list has been prepared, is not the subject-matter of any challenge. There is also no question of reading down the rule against its express language to mean, all persons who have completed two years on the last date of the term of the Managing Committee. That would be supplying words to the rule, which the courts would not do. Therefore, the respondents, who are entrusted with the duty of preparing the voters list, are duty bound to follow the provisions of Rule 56-B. The circulars issued are in conformity with Rule 56-B. 9. The contention on behalf of the petitioners that, on plain reading of section 27(3-A), any member, who would be completing two years as on the date of voting, is eligible to vote, is not in terms of provisions of Rule 56-B, as Rules 56-B contemplates that it is not only on completion of two years when the name can be included in the provisional voters list but it has to be on the date when the provisional voters list is to be prepared. The provisional voters list, has to be then made final in terms of Rule 56-B. A reading of Rule 56-B would also show that, in the event the names are excluded in the provisional voters list, which ought to be included or which ought not to have been included, then the aggrieved party may file claims and objections and, on such claims and objections being filed the voters list would be finalized. What, however, would be important to bear in mind is that, the claims and objections and, on such claims and objections being filed, the voters list would be finalized. What, however, would be important to bear in mind is that, the claims and objections can only be in respect of the names that could be included in the provisional voters list on the date of its preparation and not those who may become eligible or complete two years period after the provisional voters list was published. If so construed and which, in our opinion, would be a harmonious construction, for the purpose of giving uniformity to the Rules and preventing any arbitrariness on the part of the respondents, it is only those persons, whose names are included in the voters list as finally notified based on the provisional voters list, will be eligible to vote. This may result in those who complete two years after the provisional voters list being excluded. This may result in those who complete two years after the provisional voters list being excluded. As set out earlier, we are really not called upon to answer the issue, considering the Rule 56-B as it stands. Also as pointed out earlier, section 27(3-A) is couched in negative language and states that no member, who has not completed two years from the date of enrollment, is eligible to vote. It is also not possible to extend the language of the Rule 56-B to mean and include the names in the provisional voters list should be in those persons who will be completing two years period, on the date of the elections or the date of nominations or on the date of finalization of the voters list. As pointed out earlier, under Rule 56-B, claims and objections can only be in the names included in the provisional voters list and to have the names included in the provisional voters list, the requirements of sub-rules (1) and (2) of Rule 56-B must be satisfied. We are, therefore, of the opinion, considering the findings recorded and the interpretation given to the Rules that, neither the Circular dt. 23-7-2003 nor the order dt. 22-8-2003 are contrary to Rule 56-B. In that view of the matter, we find no merit in this petition. Rule discharged. There shall be no order as to costs. Rule discharged. -----