: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3849 OF 2009 Krishna Tukaram Sirse & Ors. ... Petitioners V/s. Shree Laxmi Vikas Karyakari Sahakari Vikas Seva Sanstha Maryadit & Anr. ... Respondents Mr.S.B. Deshmukh i/b R.B. Deshmukh for Petitioners Mr.P.D. Dalvi for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: 25th JUNE, 2009 P. C.: 1. The Petitioners are aggrieved by the decision of the Assistant Registrar by which the Petitioner's application under Rule 56D of the Maharashtra Cooperative Societies Rules has been rejected on the ground that the Assistant Registrar does not have jurisdiction to decide the issues raised by the petitioners. The petitioners are aggrieved by the provisional voters' list which was published on 30.1.2009 by Respondent No.2. According to the Petitioners there are several bogus votes in that list. Apart from that, they have found that many persons are not above the age of 18 and some of them do not stay in the village for which the society is registered. It is therefore contended that such persons cannot be included in the voters list. Apart from these objections, the petitioners had also raised the objections regarding the membership on the ground that membership subscription had not been paid and that : 2 : the membership had not been approved by the Managing Committee, despite which the names of the persons were found on the voters list. 2. It is true that the objections regarding payment of subscription fee and approval of the managing committee for membership are not issues which can be considered by the Assistant Registrar under Rule 56D. However, the Assistant Registrar has erroneously held that he cannot consider the other two objections of the petitioners. Rule 56D reads as under: 56-D. Claims and objections to the provisional list of voters, and the final list of voters. (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 Registrar in writing by any member of the society concerned who is a voter or any representative authorised to vote on behalf of such society during office hours within 15 days from the date of publication of the provisional list of voters. (2) The Registrar shall, after making such enquiries as deemed necessary in this behalf, consider each claim or objection, and give his decision thereon in writing to the persons concerned within 10 days from the last date prescribed for receiving the claims and objections and the list shall be conclusively final voters list. (3) The copies of final list of voters shall be displayed on the notice board of the Registrar and on the notice board of the office of the District Election Officer and that of the society at least seven days before the declaration of the election programme and in no case later fifteen days from the finalisation of claims and objections. 3. Thus, when the provisional voters list is published, objections can be raised in respect of any omission or error regarding the name or address of a particular member in the list. The Registrar is expected to make such enquiry as is deemed necessary to consider each claim or objection within 10 days after receiving the objections and a conclusive final voters list is to be drawn up thereafter. 4. In my opinion, the objections raised by the petitioners in their application : 3 : dated 24.2.2009 at para 4B and 4C can be considered by the Assistant Registrar before finalising the voters list. Accordingly, the impugned order is set aside. The Assistant Registrar shall consider the aforesaid objections after conducting the necessary enquiry as stipulated under rule 56D(2). The Registrar will also while doing so consider whether the names of those persons whom the petitioners object to being on the provisional voters list should be given notice by the petitioners before deleting their names. 5. The other objections raised by the petitioner in the application dated 24.2.2009 may be redressed by adopting appropriate proceedings before the proper forum. 6. Petition is disposed of accordingly.