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2011 DIGILAW 25 (BOM)

Jayantrao Amrutrao Patil v. State of Maharashtra

2011-01-07

B.P.DHARMADHIKARI

body2011
Judgment : 1. Objection of petitioners to inclusion of names of Respondent Nos. 3 to 8 in voters list in borrowers constituency has been rejected by Respondent No.1 Assistant Registrar. 2. Learned counsel for the Petitioners contends that the impugned order reveals total non application of mind because the non borrower members whose names are included in the list had taken loan on 15th September, 2009. In terms of section 27 (3A) of Maharashtra Cooperative Societies Act read (1) of the Rules framed thereunder such respondents/ members have to complete period of two years after 15th September, 2009 and thereafter only they can qualify to be borrower members eligible to caste vote in election. He strenuously attempts to demonstrate that otherwise non borrower members may choose to borrow nominal sums, cast their vote for borrower member or then may themselves contest election and after getting elected may repay that nominal loan. If, according to him, this is allowed to occur, the provision of separate constituency for borrower members in byelaws and in the scheme of Maharashtra Cooperative Societies Act will be frustrated and spirit behind it will stand defeated. 3. Respective counsel appearing for Respondents state that provisions of section 27 (3A) or Rule 56 (B) (1) are very clear and Registrar’s orders. there is only one category i.e. member. The members cannot be further subdivided into borrower or nonborrower for the purpose of acquiring eligibility to vote. Completion of two years after enrollment is sufficient for such member to vote either in borrower constituency or nonborrower constituency. 4. With the assistance of respective learned counsel I have perused the papers. There is nothing either in section 27 (3A) or Rule 56 (B)(1) to support the contention that a borrower member gets right to vote only after completion of two years after acquiring the status as a borrower member. The provision for two constituencies made in bylaws is also not for that purpose. The interest of borrower members are taken care of by creating a separate constituency for them. Similarly, for nonborrower members there is separate constituency. The initial enrollment of a borrower or nonborrower member is not in any particular constituency but only as a member of cooperative society. Completion of period of two years after borrowing loan or after its repayment is not envisaged either in section 27 (3A) or Rule 57B (1). Similarly, for nonborrower members there is separate constituency. The initial enrollment of a borrower or nonborrower member is not in any particular constituency but only as a member of cooperative society. Completion of period of two years after borrowing loan or after its repayment is not envisaged either in section 27 (3A) or Rule 57B (1). Reading such requirement will be adding to the law as enacted and it is not countenanced by law of interpretation. Reference to arrangement of names of members constituencywise in last part of Rule 56B (1) is only for convenience in election and nothing more. 5. In view of this, I do not find any substance in argument as advanced. Writ petition is, therefore, dismissed. No costs.