Jagannath v. District Cooperative Election Officer & Regional Deputy Director (Cotton)
2016-07-19
Z.A.HAQ
body2016
DigiLaw.ai
JUDGMENT : Heard Shri N.R. Tekade, Advocate for the petitioners, Shri S.S. Ghate, Advocate for the respondent No.1, Shri K.R. Lule, Assistant Government Pleader for the respondent Nos.2 and 3, Shri M.V. Samarth, Advocate for the respondent Nos.4 and 6 and Shri A.J. Thakkar, Advocate for the respondent No.5. 2. Rule. Rule made returnable forthwith. 3. The grievance of the petitioners is that their names are wrongly deleted from the final voters' list prepared for the elections which are to be held. 4. According to the petitioners, they got enrolled as members of the cooperative society till 30-03-2013 and in view of the provisions of Section 27(3A) of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as “the Act of 1960”), they became eligible to vote after two years of enrollment i.e. on 30-03-2015. It is submitted that the names of the petitioners were included in the provisional voters' list, however, subsequently their names are deleted from the final voters' list on the ground that the State Cooperative Election Authority fixed 31-10-2014 as the cutoff date for preparing the provisional voters' list. 5. According to the petitioners, they fulfill the eligibility criteria as per Section 27(3A) of the Act of 1960 and therefore, they are entitled to vote at the elections. The petitioners pray that the respondent No.1 be directed to include their names in the final voters' list. 6. Shri M.V. Samarth, Advocate for the respondent Nos.4 and 6 has pointed out that the elections of the cooperative society were due on 30-05-2013, however, because of the amendment to the provisions of the Act of 1960, the elections could not be held on the due date. Referring to Rule 6(2) and the second proviso below sub-rule (2) of Rule 6 of the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014 (hereinafter referred to as the “Rules of 2014”), it is submitted that the State Cooperative Election Authority has the power to fix the cutoff date for preparing the provisional voters' list and in exercise of this powers the State Cooperative Election Authority issued the communication dated 02-01-2015 fixing the cutoff date 31-10-2014 and on that date the petitioners had not completed two years of their membership and therefore, they are not entitled to vote.
The respondent Nos.1 and 4 to 6 have also raised the objection that the petition is filed after the declaration of election programme and therefore, this Court may not interfere in the matter. 7. After examining the facts on record and the rival contentions, I find that the State Cooperative Election Authority which is constituted under the provisions of Section 73 CB of the Act of 1960, is given the power by second proviso below sub-rule (2) of Rule 6 of the Rules of 2014 to fix the cutoff date on the basis of which the provisional list of voters has to prepared. Sub-rule (2) of Rule 6 of the Rules of 2014 provides that the period of two years as provided in subsection (3A) of Section 27 of the Act of 1960 has to be counted from the date of enrollment of member till the date of election of the managing committee becomes due. On harmonious construction of the second proviso below sub-rule (2) of Rule 6 of the Rules of 2014, it has to be held that the member of a cooperative society who has completed two years of membership from the date of enrolment as provided by subsection (3A) of Section 27 of the Act of 1960, on the cutoff date fixed by the State Cooperative Election Authority will be entitled to vote and the name of such member has to be included in the provisional voters' list. 8. In the present case, the petitioners had not completed two years membership on 31-10-2014 i.e. the cutoff date fixed by the State Cooperative Election Authority, therefore, it cannot be said that the action of the respondent No.1 is illegal. The petitioners have not challenged the order issued by the State Cooperative Election Authority on 02-01-2015 declaring 31-10-2014 as the cutoff date. 9. I do not find any illegality in the order passed by the respondent No.1 District Cooperative Election Officer on 23-05-2016. The petition is dismissed. In the circumstances, the parties to bear their own costs.