JUDGMENT/ORDER 1. Heard. 2. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsels for the rival parties. 3. The petition challenges the order dtd. 13/2/2023 passed by the respondent No.1 (page 25), whereby the objection raised by the respondent No.2, to the inclusion of the name of the petitioner, in the provisional voters list of the respondent No. 3/Society, has been accepted and the name of the petitioner has been directed to be deleted from the provisional voters list itself. 4. It is contended by Mr. Ghare, learned counsel for the petitioner, that such an exercise is not permissible for the respondent No.1, considering the limited powers conferred upon him by the provisions of Rule 8 of the Maharashtra Cooperative Societies (Election to Committee) Rules 2014 (for short the "Rules of 2014") and the only correction which could be made would be in respect to the name or address or other particulars in the list submitted by the Society to the Election Officer, as may be brought to the notice of the respondent No. 1. It is contended, that any claim regarding the petitioner being a defaulter or otherwise, on the basis of fraud cannot form the subject matter of the decision of the respondent No. 1 under Rule 8(1) of the Rules of 2014. He therefor submits, that the impugned order, is indicative of the respondent No. 1 having transgressed the limits imposed upon his powers and authority by Rule 8 read with Rule 11 of the Rules of 2014, and therefore, the impugned order is required to be quashed and set aside. 5. Mr. Khapre, learned Senior counsel for the respondent No.2, at the outset raises a plea regarding the maintainability of the petition and submits, that it is not maintainable on account of what has been held in Dattatray Genaba Lole and Others Vs. Divisional Joint Registrar, Cooperative Societies and Others, 2021 SCC OnLine Bom 4579. On merits, he supports the impugned order and contends, that in light of Sec. 27 (10) of the Maharashtra Cooperative Societies Act, 1960 (for short the "Act of 1960") read with Sec. 73(A) of the Act of 1960, such an exercise by the respondent No.1 was permissible. Mr. Deshpande, learned counsel for the respondent Nos.3 and 4, supports the contention of Mr. Khapre, learned Senior counsel for the respondent No.2, as is the case with Ms. Mr. Deshpande, learned counsel for the respondent Nos.3 and 4, supports the contention of Mr. Khapre, learned Senior counsel for the respondent No.2, as is the case with Ms. Khan, learned AGP for the respondent No.1/State. 6. It is not in dispute, that the petitioner, is a member of the respondent No.3/Society. It is also not in dispute, that the petitioner had taken loan from the respondent No.3/Society of Rs.52, 000.00 on 26/4/2017, which has been repaid by him on 21/8/2019, and therefore, he is not a defaulter member of the respondent No.3/Society. 7. The petitioner also happened to be the member of the respondent No.4/Society from whom he is claimed to have been take a loan of Rs.23, 000.00. 8. When the preliminary voters list was published for the respondent No.3/Society, the respondent No. 2 took an objection to the inclusion of the name of the petitioner in the preliminary voters list contending that the petitioner was also a member of the respondent No.4/Society and had availed loans from both the Societies, and therefore, he should be disqualified. The respondent No.1 thereupon conducted a detailed enquiry by calling for the replies of the respondent Nos. 3 and 4 as well as of the petitioner and so also the various documents and registers therefrom and by the impugned order has opined that since the petitioner, had also taken a loan from the respondent No.4/Society, which according to him was repaid on 8/2/2023, the petitioner was a defaulter member, and therefore, his name ought to be deleted from the provisional voters list of the respondent No.3/Society. 9. What is material to note is that insofar as the respondent No. 3/Society is concerned, the petitioner is not a defaulter member. The preliminary voters list is being prepared for the respondent No.3/Society. 10. In support of this contention, that the petitioner was no longer member of the respondent No.4/Society, it is contended, that the petitioner on 31/12/2022, had tendered his resignation to the respondent No.4/Society, which was accepted in the Managing Committee meeting of the respondent No.4/Society vide resolution No.4 dtd. 31/12/2022. To this aspect there is no dispute. The dispute is that the certificate issued by the respondent No.4/Society dtd. 31/12/2022 (page 13) also indicated that there was no outstanding against the petitioner which was disputed by the respondent No.2. 31/12/2022. To this aspect there is no dispute. The dispute is that the certificate issued by the respondent No.4/Society dtd. 31/12/2022 (page 13) also indicated that there was no outstanding against the petitioner which was disputed by the respondent No.2. The respondent No.4/Society, has filed its reply stating that though the resignation of the petitioner, was accepted by resolution No. 4 dtd. 31/12/2022 in the meeting of the Managing Committee of the Society, the amount of loan, stood paid only on 8/2/2023. To counter this, there is a document/receipt filed on record by the learned AGP for the respondent No.1/State alongwith her reply at page 100, which indicates that the loan was repaid on 31/12/2022. This is again countered by the respondent No.4/Society to contend that the repayment of the loan was on 8/2/2023. There are thus allegations and counter allegations regarding the factum of repayment of loan of the respondent No.4/Society by the petitioner. 11. The Maharashtra Co-operative Societies (Election to Committee) Rules 2014, lays down the Rules, subject to which the elections to the Managing Committee of the Society is to be conducted. For the sake of ready reference these Rules are quoted as under : < WXY>PART - III Preparation of Electoral Roll 6. Provisional list of voters for co-operative societies having individuals as members :- (1) A provisional list of voters shall be prepared by every society in the year in which the election of such society is due to be held. The member who ha s completed minimum two years as member from the date of his enrolment upto the date of expiry of term of existing and who is an active member shall be included in the provisional list as laid down in Sec. 26 and 27 of the Act. If different constituencies are provided in the bye-laws, the names of voters shall be arranged constituency wise, if required, as laid down in the bye-laws. (2).......... (3) Four copies of the authenticated provisional lists of voters in print as well as preferably in digital form shall be delivered by the committee of the society to the District Cooperative Election Officer or Taluka or Ward Co-operative Election Officer, or as directed by the SCEA, one hundred and twenty days before the date of expiry of the term of Committee. Copies of such lists shall be displayed on the notice board of the society. Copies of such lists shall be displayed on the notice board of the society. The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer within ten days from its receipt shall invite claims and objections from the members of the society. (4) If any committee fails to deliver copies of the provisional lists of voters to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer on or before the due date, the District Co-operative Election Officer or concerned Taluka Co-operative Election Officer shall himself or through any person authorized by him in this behalf, prepare such provisional list of voters and the expenditure incurred therefore shall be recovered from the committee or other persons responsible therefore, as arrears of land revenue. (5) In the event of the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer taking action under the last preceding sub-rule, he shall also cause copies of the provisional list of voters to be displayed on his notice board and notice board of the society within ten days from the date of receipt of such list from the society for inviting claims and objections from the members of the society: Provided that, such list may be published on the official website of SCEA and the Co-operation Department. 7. Particulars to be included in the provisional list of voters for co-operative societies having individuals as members.- The provisional list of voters in case of individual shareholders, shall contain the surname, name, father's or husband's name (in alphabetical order), if any, with address as recorded in the register of members in Form 'E-3' of every person entitled to be registered as voter with such other particulars as may be necessary to identify him. 8. Claims and objections to the provisional list of voters and the final list of voters for cooperative societies having individuals as members.- (1) When the provisional list of voters is published for inviting claims and objections, any omission or error in respect of name or address or other particulars in the list may be brought to the notice of the concerned District Cooperative Election officer or Taluka or Ward Co-operative Election Officer in writing by any member of the society during office hours within ten days from the date of publication of the provisional list of voters. (2) Every claim or objection shall be in writing and state the grounds on which the claim is based or the objection is raised, as the case may be. (3) The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer shall, or as directed by the SCEA, after making such enquiries as deem necessary in this behalf, consider each claim or objection, and give his decision thereon in writing to the persons concerned within ten days from the last date prescribed for receiving the claims and objections. Thereafter final voters list should be published within the period of fifteen days from the last date prescribed for receiving the claims and objections. The list finalized by the election officer after deciding all claims and objection shall be final list of voters. (4).......... 9. Provisional list of voters for the societies having society or society and individuals as members.- (1) A provisional list of voters shall be prepared by every society in the year in which the elections of such society are due to be held. The active members who have completed minimum two years as members from the date of their enrolment and in case of society being a active member who has completed minimum three years from the date of enrolment on or before the date of expiry of period of existing managing committee; shall be included in the provisional list as laid down in Sec. of 27. If different constituencies are provided in the bye-laws, the names of voters shall be arranged constituency wise as laid down in the bye-laws. Explanation.- For the purposes of this sub-rule, "the date of expiry of term of existing committee" means the date on which the existing managing committee completes the period of five years from the date of election. (2) The period of three years provided in sub-sec. Explanation.- For the purposes of this sub-rule, "the date of expiry of term of existing committee" means the date on which the existing managing committee completes the period of five years from the date of election. (2) The period of three years provided in sub-sec. (3) of Sec. 27 of the Act is to be counted from the date of enrolment of member to the date when election of the managing committee of the society becomes due: Provided that, in case of societies where the elections could not be held before the expiry of the term of the committee due to unforeseen conditions or any other reason, provisional list of the voter shall be prepared on the basis of the date fixed by the SCEA: Provided further that, provisional list of voters of the society having its first elections due after term of expiry of the provisional committee under Sec. 73 (1A) (a) shall comprise of all the members as on the date of election when due: Provided also that, the provisional list of the voters of the society on which an authorized officer is appointed under Sec. 77A or an administrator is appointed under Sec. 78A shall be prepared on the basis of the date fixed by the SCEA. (3) Four copies of the authenticated provisional lists of voters shall be delivered in print as well as preferably in digital form by the committee of the society to the District Cooperative Election Officer or Taluka or Ward Co-operative Election Officer, or as directed by the SCEA one hundred and twenty days before the date of expiry of the term of Committee. Copies of such lists shall be displayed on the notice board of the society. The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer shall, within ten days from its receipt, call for inviting claims and objections from the members of the society. (4) If any committee fails to deliver copies of the provisional lists of voters to the election officer on or before the due date, the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer shall himself or through any person authorized by him in this behalf, prepare such provisional list of voters and the expenditure incurred therefor shall be recovered from the committee responsible therefore, as arrears of land revenue. (5) In the event of the District Co-operative Election Officer or Taluka or Ward Cooperative Election Officer taking action under the last preceding sub-rule, he shall also cause copies of the provisional list of voters to be displayed on his notice board and on the notice board of the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer and of the society within 10 days from the date of receipt of such list from the society for inviting claims and objections from the members of the society : Provided that, such list may be published on the official website of SCEA and the Co-operation Department. 10. Particulars to be included in the provisional list of voters for the societies having society or society and individuals as members.- (1) The provisional list of voters in case of individual Active members shall contain the surname, name, father's or husband's name, age, gender (inalphabetical order) if any, with address recorded in the register of members in Form 'E3' of every person entitled to be registered as voter with such other particulars as may be necessary to identify him. (2).......... (3).......... (4).......... 11. Claims and objections to the provisional list of voters and the final list of voters for the societies having society or societies and individuals as members.- (1) When any provisional list of voters is published for inviting claims and objections, any omission or error in respect of name or address or other particulars in the list may be brought to the notice of the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer in writing by any member of the society concerned who is a voter or any representative authorized to vote on behalf of such society during office hours within ten days from the date of publication of the provisional list of voters. (2) Any member of the society concerned making a claim or raising objection shall do so by a separate petition, which shall be presented to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer during office hours, before the last date published for inviting claims and objections. Such claims or objections shall be preferred in writing and state the grounds on which the claim is based or the objection is raised, as the case may be. Such claims or objections shall be preferred in writing and state the grounds on which the claim is based or the objection is raised, as the case may be. (3) The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer shall, after making such enquiries as deemed necessary in this regard, consider each claim or objection, and give his decision thereon in writing to the persons concerned within ten days from the last date prescribed for receiving the claims and objections and final voters list should be published within the period of fifteen days from the last date prescribed for receiving the claims and objections. The list as finalized by the District Cooperative Election Officer or Taluka or Ward Co-operative Election Officer after deciding all claims and objection shall be final list of voters. (4).......... (5) If any change in the final voters list in accordance with sub-rule (4) of rule 10 is required, the District Co-operative Election Officer or the person authorized by him, after making such inquiry as he deems fit, make necessary changes in the final voter list. The following can be deduced from the above Rules : (a) The provisional voters list is to be prepared by the Society whose election is due to be held. [Rule 6(1)]; (b) 4 copies of the authenticated provisional voters list in print as well as in digital form have to be delivered by the Committee to the Election Officer [Rule 6(3)]; (c) If the Committee of the Society fails to deliver the provisional voters list to the Election Officer on or before the due date, then the Election Officer himself or through any person authorised by him in this behalf, has to prepare the provisional voters list [Rule 6(4)]; (d) The inclusion in the provisional voters list shall be of an active member who has completed minimum two years as member from the date of their enrolment upto the date of expiry of term of existing managing committee [Rule 6(1) since we are not here concerned with Rule 9] ; (e) The provisional voters list is to contain the surname, name, father's or husbands name (in alphabetical order, with address as recorded in Form E-3. [Rule 7]; (f) After publishing of the voters list for inviting the claims and objections, any omission or error in respect of name or address or other particulars in the list are required to be brought to the notice of the concerned Election Officer [Rule 8(1)]; Such claim or objection has to be in writing stating the grounds [Rule 8(2)]; (g) The Election Officer after making such enquiries as deemed necessary has to give his decision within ten days of the last date of receipt of claims and objections [Rule 8(3)]; (h) the copies of the final voters list have then to be displayed in the time frame as indicated [Rule 8(4)]; (i) The particulars to be included in the provisional list of voters are given in Rule 10(1), which are the surname, name, father's or husband's name, age, gender (inalphabetical order) if any, with address recorded in the register of members in Form 'E-3' of every person entitled to be registered as voter with such other particulars as may be necessary to identify him. (j) The scope, extent and parameters of the powers of the Election Officer is Rule 11(1) which says that "any omission or error in respect of name or address or other particulars in the list", may be brought to the notice of the Election Officer [which is synonymous with the nature of claims and objections as contemplated by Rule 8 (1)] and after making such enquiries as deemed necessary in that regard, the Election Officer shall consider such claims and objections and give his decision within ten days hereof. It would also be relatable to what has been provided for in Rule 6(1).</ WXY> 11.1. It would thus be necessary to note that the nature of claims and objections which can be filed by an objector are controlled by Rule 8(1) of the Rules of 2014 and so also the scope, ambit and parameters of the powers of the Election Officer is also controlled by Rule 11(1) of the Rules of 2014. It would thus be necessary to note that the nature of claims and objections which can be filed by an objector are controlled by Rule 8(1) of the Rules of 2014 and so also the scope, ambit and parameters of the powers of the Election Officer is also controlled by Rule 11(1) of the Rules of 2014. The expression "any omission r error in respect of name or address --" would mean any correction which is required to be done in respect of the name or address of the voter as per Rule 7 of the Rules or any other particular which is entered in the list in respect of such voter, vis-a-vis, the register of members as maintained by the Society, necessary to identify the voter. Thus when Rule 11(1) speaks of "any omission r error in respect of name or address or other particulars in the list", the Election Officer while considering the claims and objections, under Rule 8(1), would not be entitled to traverse, beyond the scope of what the Rule says. The enquiry as contemplated by Rule 11(3) would also be restricted to the expression "any omission r error in respect of name or address or other particulars in the list" as is clear from the use of the words 'such enquiries as deemed necessary in this regard". Even if the expression "other particulars in the list", is considered, the same would relate to Rule 6(1), and the requirement as provided therein for a member to be included in the provisional voters list and the enquiry contemplated would be a summary enquiry and not any detailed enquiry, which is further substantiated from the fact that such enquiry and decision has to be made and completed within ten days of last date prescribed for receiving the claims and objections under Rule 8(1) of the Rules of 2014. The enquiry therefore, necessarily has to be of such nature that it would not require any detailed or in-dept investigation in the matter and can be decided upon an admitted position, as would be reflected from the records as maintained by the concerned Society. If the claim and objection requires a detailed enquiry, it cannot be done at this stage and has to be left to be conducted at a later stage. If the claim and objection requires a detailed enquiry, it cannot be done at this stage and has to be left to be conducted at a later stage. The very fact that the Managing Committee of a Society is enjoined to prepare the provisional list of voters and submit it to the Election Officer [Rule 6(3)], would indicate that the requirements of Rule 6(1) of the Rules of 2014 based upon the register of members as is required to be maintained under Sec. 38 of the MCS Act, as well as all other provisions of the MCS Act, including sec.26 and 27 of the MCS Act, have been complied by the Managing Committee while preparing the provisional voters list, to be submitted by it to the Election Officer, as is the requirement of Rule 6(1) of the Rules of 2014. 12. In Karbhari Maruti / State of Mah. 1994 Mh.L.J 1527, the learned Division Bench, while considering the scope of intereference under Article 226 of the Constitution in the matter of preparation of the voters list, had held that interference is not unwarranted for the purpose of directing an enquiry into its preparation, though the power is to be used sparingly and only if sufficient facts have been placed warranting such an interference. It was also held that the Registrar under sec.11 had all the powers to go into the questions of qualifications and disqualifications of the members even when the provisional voters list was published, however this has to be done by him, before the list was finalised and declared as such. 12.1. The scope of enquiry by the respondent No. 1 under Rule 8 of the Rules of 2014, had been considered by the learned Division Bench of this Court in Dhondiba Parshuram Lakade Vs. Shri Someshwar Sahakari Sakhar Karkhana Ltd., 1979 Mah LJ 311, in light of the then language of Rule 6 of the Maharashtra Specified Co-operative Societies (Elections to Committees) Rules 1971 which is near synonymous to the language of Rule 8 of the present 2014 Rules and it has been held as under: < WXY>"43. Shri Someshwar Sahakari Sakhar Karkhana Ltd., 1979 Mah LJ 311, in light of the then language of Rule 6 of the Maharashtra Specified Co-operative Societies (Elections to Committees) Rules 1971 which is near synonymous to the language of Rule 8 of the present 2014 Rules and it has been held as under: < WXY>"43. Thus, under r. 6(1), all that the Collector is entitled to, and permitted to, do is to ensure the identity of the voter concerned, and if per chance, the identity is not sufficiently established in the provisional voters' list to take steps within the ambit of r. 6(1) to see that it is. There is nothing in r. 6(1) which empowers the Collector to hold a detailed inquiry, as was done in the instant case, whether a person is qualified to be on the Register of Members, and if not to delete his name from the provisional list of voters. Under s. 38(2) of the Societies Act, the Register of Members is prima facie evidence of membership. It is not open to the Collector to upset that Register by holding an inquiry under r. 6(1), which contemplates a very summary inquiry, confined only to the aspects set out in that rule and nothing else. 44. The combined effect of rr. 4, 5 and 6 is that the powers of the Collector under r. 6, though not without responsibility, are more in their nature, mechanical. He has to act as a guard or watch-dog and ensure that the identity of every person whose name appears in the provisional voters' list tallies with the person in the Register of Members. The intention behind, and the scope of these three rules is to ensure that every person whose name appears in the Register of Members, should also appear in the voters' list, so that no person in the Register of Members is left out from the provisional voters' list by reason of some omission or error in respect of the particulars enumerated in rr. 5 and 6. 47. It must also be remembered that the scope of the inquiry by the Collector under r. 6 is not only limited in nature, but is also of an extremely summary nature. Under r. 4(2), the voters' list must reach the Collector by July 15 and copies of the voters' list must be displayed by July 20. 5 and 6. 47. It must also be remembered that the scope of the inquiry by the Collector under r. 6 is not only limited in nature, but is also of an extremely summary nature. Under r. 4(2), the voters' list must reach the Collector by July 15 and copies of the voters' list must be displayed by July 20. Under r. 6(2), the claimant or objector who makes a petition before the Collector must do so by July 31 and under r. 6(4) the Collector must give his decision on such claim or objection within ten days, namely by August 10. These four dates, namely July 15, July 20, July 31 and August 10 emphasise the summary nature of the inquiry contemplated by r. 6. There is nothing in this rule from which it can even remotely be inferred that the Collector is authorised or empowered to hold a detailed inquiry as done in the instant case, call for documents to establish eligibility to membership, examine or crossexamine witnesses or otherwise dwell on the question whether a member deserves to be included in the Membership Register or not. The fact that the inquiry under r. 6, is of a summary nature is also reflected from the fact that against his decision, no appeal has been provided. This emphasises that the enquiry, such as it is, under r. 6 is not only a very summary inquiry, but also mechanical (though not without responsibility), limited only to the aspects set out in the rule itself and no more. 50. On behalf of the Collector it was also contended that whether a person is entitled to be included in the voters' list, is left to the Collector and for that purpose the Collector must ascertain whether the voter is a member or not. We are unable to agree with these contentions for the reasons stated above. Under r. 6, the Collector has no authority, power or jurisdiction to virtually remember a person whose name appears in the Register of Members and which Register is prima facie evidence of membership under s. 38(2) of the Societies Act. 57. On behalf of the objector-respondents, it was contended that the decision of the Collector should be accepted as the petitioners did not file their reply before the Collector to the objections raised by the objector-respondents. There is no merit in this contention. 57. On behalf of the objector-respondents, it was contended that the decision of the Collector should be accepted as the petitioners did not file their reply before the Collector to the objections raised by the objector-respondents. There is no merit in this contention. Apart from the fact that objections were raised by the respondent No. 1- Karkhana and these objections were adopted by the petitioners before the Collector, what cannot be lost sight of is that the entire inquiry and finding of the Collector are vitiated, as under r. 6, the Collector had no authority or jurisdiction to embark upon the inquiry of the nature that he did, much less come to the findings that he has."</ WXY> 12.2. In Balasaheb Bhikaji Gadhave VS. Ganesh Sahakari Sakhar Karkhana Limited Ganeshnagar, Kopargaon, 1975 SCC OnLine Bom 260, while considering Dhondiba Parshuram Lakade (supra) it was held that in view of byelaw 12 of the concerned society which clearly shows that defaulter member cannot exercise any right of member, the Collector can go into the question even in summary enquiry contemplated by rule 6. 12.3. In Eknath Ashiram Alekar and others Vs. The State of Maharashtra and others 1989 SCC OnLine Bom 159 it was held that sub-rule (5) does not affect the ratio laid down in Dhondiba's case regarding scope of inquiry under rule 6(1) of Rules of 1971. According to the learned Division Bench question of challenge to membership of persons who are included in the list of voters is not covered by provisions of subrule (5) of rule 6 of 1971. In para 32, the Division Bench also held sub-rule (5) did not affect ratio of this Court in Dhondiba's case (supra). 12.4. In Rajan Dinkarrao Pharate and others Vs. State of Mah. 1997(1) Mh.L.J. 543 , after considering Dhondiba Parshuram Lakade (supra) ; Balasaheb Bhikaji Gadhave (supra) as well as Eknath Alekar (supra), in relation to subrules (5), (6) and (7) of the Maharashtra Specified Co-operative Societies (Elections to Committees) Rules 1971, which are near synonymous to the present Rules 6 to 11 of the Rules of 2014, it was held as under : < WXY>18. Under Rule 5 the provisional list of voters is required to contain the names, father's or husband's name, surname, if any, of every person entitled to be registered as a voter with such other particulars as may be necessary to identify him. Under Rule 5 the provisional list of voters is required to contain the names, father's or husband's name, surname, if any, of every person entitled to be registered as a voter with such other particulars as may be necessary to identify him. Rule 6(1) provides that on preparation of provisional list of voters, claims and objections shall be invited and any omission or error in respect of name or address or other particulars in the list may be brought to the notice of the Collector by any member of society concerned who is voter. Any person who makes claim or raised any objection to the provisional list of voters is required to do so by filing separate petition and such petition under rule 6(3) must state grounds on which claim is based or objection is raised. Under 6(4) the Collector on consideration of claim or objection gives his decision in writing to the person concerned and may make necessary corrections in provisional list wherever required. The final list of voters is thus finalised by the Collector under Rule 6(4). On publication of final list of voters within time prescribed any person who is member of society on 30th June of the year immediately preceding the year in which election is due or on such subsequent date as may be fixed by the Collector and whose name has not been included in the final list of voters under sub-rule (4) may apply in writing to the Collector in prescribed form that he desires of being registered as a voter. The Collector forwards such application within 3 days to District Deputy Registrar for enquiry and District Deputy Registrar after making enquiry to the contents of the application submits his report to the Collector along with his recommendations within 7 days from the date of receipt of application by him from the Collector. The Collector then considers the application and the report of the District Deputy Registrar and gives his decision in writing to the person concerned. If the Collector decides that such application should be considered as voter, the final list prepared under sub-rule (4) is modified accordingly. The Collector then considers the application and the report of the District Deputy Registrar and gives his decision in writing to the person concerned. If the Collector decides that such application should be considered as voter, the final list prepared under sub-rule (4) is modified accordingly. If the provisions contained and procedure contemplated under sub-rules (5), (6) and (7) are contra-distinguished with the provisions contained and procedure contemplated under subrules (1), (2), (3) of Rule 6 it would be apparent that the scope of enquiry under sub-rules (5), (6) and (7) of Rule 6 cannot be as mechanical as contemplated under sub-rules (1) to (4). When an application is made by a person who is member of the society and whose name has not been included in final list of voters that his name should be registered as voter and he has wrongly been excluded in the final list of voters within time prescribed under sub-rule (5), the Collector has to go into reasons after getting report from District Deputy Registrar why and how name of such member has been excluded from final list of voters. The purpose of the amendment by adding subrules (5), (6) and (7) is to ensure that a person who is member of the society is not excluded in the final list of voters if for any reason while preparing final list of voters under sub-rule (4) of Rule 6 his name has been excluded. The amended provisions of sub-rules (5), (6) and (7), therefore, make doubly sure that no member of a co-operative specified society is excluded from the final list of voters. However, if under the statutory provisions of the Act of 1960 or Rules framed thereunder or under byelaws the said member has become disentitled to vote, such question cannot be excluded from the enquiry under sub-rules (5), (6) and (7) of the rules. Once a person is admitted as member of society in accordance with the law then his name has to be entered in the register of membership. Such register prepared under Sec. 38 of the Act of 1960 contains the details of the members including his name, address and occupation and the date of his admission as member. The register of membership also contains the date on which any person has ceased to be member. Such register prepared under Sec. 38 of the Act of 1960 contains the details of the members including his name, address and occupation and the date of his admission as member. The register of membership also contains the date on which any person has ceased to be member. The register of membership is prima facie evidence of the date of admission of membership and date of cessation of membership. Once a person is admitted to the membership of society and his name is entered in the register of membership, he ceases to be a member on tendering of his resignation and acceptance thereof or on transfer of the whole of share or interest in the society to any other member or on his death or removal or expulsion. The name of the member is removed by the committee of society from the register of its membership who has ceased to be a member or stands disqualified by or under the provisions of the Act of 1960 for being member or continuing to be member of a society. Under Sec. 79-B of the Act of 1960 Registrar has power to remove member for failure to supply agricultural produce to processing society. Thus, from the survey of the provisions of the Act of 1960, it is abundantly clear that a person who has been admitted to society continues to be a member of the society unless he has ceased to be member by acceptance of his resignation or on the transfer of the whole of the share or interest in the society to any other member or on his death or removal of expulsion. 19. Sec. 26, however, provides that rights of the membership shall not be exercised till due payments to the society are made. Sec. 26 reads thus: "Sec. 26. No rights of membership to be exercised till due payments are made: No person shall exercise the rights of a member of the society, until he has made such payment to the society in respect of membership, or acquired such interest in the society, as may be prescribed by the rules, or the bylaws of such society." 20. No rights of membership to be exercised till due payments are made: No person shall exercise the rights of a member of the society, until he has made such payment to the society in respect of membership, or acquired such interest in the society, as may be prescribed by the rules, or the bylaws of such society." 20. A plain reading of Sec. 26 would indicate that a person who has been admitted to the membership of the society and whose name has been registered in the register of membership shall not be entitled to exercise the rights of his membership until he has made payments to the society prescribed by the Rules or byelaws in respect of membership or acquired interest in the society prescribed by the Rules or bye-laws. This provision, therefore, provides that a person inducted as member of the society, before he is entitled to exercise his rights of the member of the society must make payment to the society in respect of membership as prescribed by the rules or bye-laws of the society or acquired such interest in the society as prescribed by rules or bye-laws of the society. Sec. 26 is not confined to right to vote but all rights of a member of a society which definitely includes right to vote. The question, therefore, is whether the Collector in the proceeding under sub-rules (5), (6) and (7) of Rule 6 of Rules of 1971 can go into the question whether such applicant has made payment to the society in respect of membership as prescribed by the rules or bye-laws of the society or acquired such interest in society or not. 21. A careful reading of Sec. 26 and its plain language which according to me is clear and unambiguous invites of no two interpretations. It provides in unequivocal terms that rights of member shall not be exercised by any person until he has made payment in respect of membership to the society, as prescribed by the rules or bye-laws of the society or has acquired interest in the society as prescribed by the Rules or Bye-laws of the society. It provides in unequivocal terms that rights of member shall not be exercised by any person until he has made payment in respect of membership to the society, as prescribed by the rules or bye-laws of the society or has acquired interest in the society as prescribed by the Rules or Bye-laws of the society. If the bye-laws of the society prescribes the amount of share of membership and mode of its payment and if such payment is not made, then under Sec. 26 he is deprived from exercising the rights of member of the society which necessarily shall include the right to vote. In my view, therefore, if the occasion arises in the proceeding under sub-rules (5), (6) and (7) the Collector can go into the question whether a person has made payment to the society in respect of membership as prescribed by the rules or byelaws of the society or not. Such exercise by the Collector cannot be said to be beyond his competence or power. It is true that Collector cannot in the garb of enquiry under sub-rules (5), (6) and (7) hold the exercise whether such person is entitled to be a member or not. If the Collector in such enquiry goes into entitlement to membership of person shown in the register of members, it would be without jurisdiction. Lack of Collector's jurisdiction in making enquiry of entitlement to membership of a person shown in the register of members, however, must not be confused and mixed up when a question arises before him in the proceedings under sub-rules (5), (6) and (7) of Rule 6 whether such person can exercise right to vote or not, and, whenever such question arises, in my view, the Collector has power to consider the said question in the light of Sec. 26 of the Act of 1960. Otherwise statutory provision of Sec. 26 of the Act of 1960 would be rendered nugatory. However, the said question has to be decided in summary way only based on application made under Rule 6(5) and the report received from District Deputy Registrar under Rule 6(6). The report of District Deputy Registrar under Rule 6(6) obviously has to be based on record and accounts maintained by the society in accordance with Act of 1960 and Rules framed thereunder. The report of District Deputy Registrar under Rule 6(6) obviously has to be based on record and accounts maintained by the society in accordance with Act of 1960 and Rules framed thereunder. The enquiry under rule 6(6) cannot be enlarged by embarking upon enquiry against society contemplated in Chapter VIII of Act of 1960 including the questions whether the records and books of the accounts have been properly maintained or not by the society. While dealing with an application under Rule 6(5) of Rules of 1971 by an applicant for inclusion of his name in final list of voters, if the Collector or for that matter District Deputy Registrar inspects and checks the record and books of account maintained by the society to find its correctness, I am afraid such course is not permissible. The questions whether the society has maintained its record and books of account properly or not?; whether transactions of society are duly reflected in its record and books or not?; and whether entries in the record and books of account are genuine or doubtful are foreign to the scope of enquiry under Rule 6(6) of Rules of 1971. The order passed by the Collector, if viewed in this background of legal position, cannot stand particularly on points Nos. 2 and 3. The Collector has based his order on the report of inquiry squad which in turn has gone into the correctness of the various entries made in the record and books of account maintained by Shriram Karkhana. Such enquiry is beyond the scope of Rule 6(5), (6) and (7)."</ WXY> 13. The above propositions, considering the near synonymous language of the above two different set of provisions, would equally govern the position under the Rules of 2014, too. 14. Such enquiry is beyond the scope of Rule 6(5), (6) and (7)."</ WXY> 13. The above propositions, considering the near synonymous language of the above two different set of provisions, would equally govern the position under the Rules of 2014, too. 14. It is thus apparent, that the powers of the respondent No. 1 were clearly circumscribed by the language of Rule 6(1), 8(1), 11(1) read with Rule 11(3) of the Rules of 2014 and he could not have embarked upon an enquiry as is reflected from the impugned order, as the respondent No.1, has to take the provisional voters list as provided by the Society to him under Rule 6(1) of the Rules of 2014 as the basis on which he has to proceed, and therefore, any inquiry under Rule 11(3) of the Rules of 2014, could not have the effect of becoming a full-fledged enquiry so as to dismember or debar a person from remaining a voting member of the Society. The language of Rule 11 (1) of the Rules of 2014, also restricts the authority of the respondent No. 1 in the matter of holding an enquiry, wherein an objection is raised to the inclusion of the name in the voters list, confined to the parameters as listed therein which is restricted to any omission or error in respect of the name, address or other particulars in the list which is brought to the notice of the Election Officer and so also, matters related to his eligibility to vote, and does not travel beyond the same. Since Rule 11(1) of the Rules of 2014, restricts the scope of enquiry by the Election Officer to the parameters stated therein read with Rule 6(1), it was not permissible for the respondent No.1 to transgress the limits imposed upon his authority by conducting a full-fledged inquiry at the stage, as is apparent from a perusal of the impugned order at page 25. 15. The above position clearly indicates that the matter before the respondent no.1, was frought with controversy and dispute as to the factual position, on account of the allegations of fraud, considering which it was not permissible for him to have gone into an investigation into the same in the limited jurisdiction which he possessed under the above said Rules even if Sec. 27(10) of the MCS Act was considered. Having done so he has transgressed the limits of the jurisdiction as vested in him. 16. It would be material to note that Sec. 25 of the MCS Act, mandates that a person shall cease to be a member of a society on his resignation from the membership thereof being accepted. Sec. 25 of the MCS Act, nowhere mandates that the acceptance of the resignation would be subject to the member clearing his dues as payable to the Society. The cessation of membership, is made dependent upon the resignation being accepted and nothing else. It would be further material to note that the resignation of the petitioner was accepted by the managing committee of the respondent no.4/society on 31/12/2022. Once such resignation stood accepted, the petitioner immediately ceased to remain the member of the respondent no.4/society. Once this situation came into existence, whether the dues were paid on the date of the resignation or later in point of time, became immaterial, as the acceptance of the resignation, was not based upon clearance of the dues by the petitioner. This plea has not been put forth by the respondent no.4/society, that the acceptance of the resignation was dependent upon the petitioner doing something, in this case payment of the dues. No doubt the respondent no.4/society ought to have ensured that the dues were cleared by the petitioner before it accepted his resignation, however not ensuring the same, would not mean that the resignation was not accepted. Thus the petitioner having ceased to remain the member of the respondent no.4/society, the plea of he being a defaulter could not be raised against him. In such a case if the dues were not paid, then it was open for the respondent no.4/society to initiate appropriate proceedings for recovery of the same. That however would in no manner come in the was of the fact that due to acceptance of his resignation the petitioner had ceased to remain the member of the respondent no.4/society. In this view of the matter, the enquiry by the respondent no.1, stands vitiated, as it has traveled beyond the scope of the relevant statutory provisions as indicated above. 17. Though reliance is placed upon by Mr. In this view of the matter, the enquiry by the respondent no.1, stands vitiated, as it has traveled beyond the scope of the relevant statutory provisions as indicated above. 17. Though reliance is placed upon by Mr. Khapre, learned Senior counsel for the respondent No. 2 on Sec. 27 (10) of the MCS Act of 1960, the same relates to the explanation to clause (i) of Sec. 73-CA (1) which provides a member is a defaulter of the society within the meaning of the explanation as contained therein. In the instant case, the position as is reflected even from the impugned order, would indicated that the petitioner is not a defaulter of the respondent No. 3/Society of whom the provisional voters list was under consideration. In light of the acceptance of his resignation, the petitioner ceased to be a member of the respondent no.4/Society as on 31/12/2022 and therefore could not have been termed as a defaulter member of the respondent no.4/society. That apart the question whether the petitioner, was a defaulter of the respondent No.4/Society considering that allegations of fabrication and fraud have been made in that regard, was also beyond the pale and purview of the enquiry as contemplated under Rule 11 of the Rules of 2014, and therefore, it was not permissible for the respondent No. 1, to have embarked upon this exercise. 18. The plea of non maintainability of the petition based upon what has been held in Dattatray Genaba Lole and Others (supra), has to be considered, in light of the actions of the respondent No. 1 and the transgression of his powers by the respondent No. 1 at the stage, and can always be susceptible to interference in exercise of the writ jurisdiction of this Court, considering what has been held in para 46 of the same, in view of which, the impugned order cannot be sustained and is hereby quashed and set aside. 19. The objection raised by the respondent No. 2, is hereby rejected leaving it open to him to raise it in appropriate proceedings as it may be available in law. In light of the above position, the natural consequence would be the inclusion of the name of the petitioner in the final voters list which the respondent No. 1 is directed to do. 20. The Petition is accordingly allowed. Rule is absolute in the above terms. No costs.