IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.8266 OF 2009 WITH CIVIL APPLICATION NO.2724 OF 2009 Marathas’ Educational Co-operative Society Ltd. & Anr. ...Petitioners. v. The State of Maharashtra & Ors. ...Respondents. Mr. C.J.Sawant, Sr. adv. with Mr.A.S.Desai, advs. For the Petitioners. Mr.V.S.Gokhale, AGP For the Respondent Nos.1 to 3. Mr.Shashank Mangale i/by D.R.Talankar, advs. for the Respondent No.4. Mrs.Savle, Naib Tehsildar , Election Office of the Collector Mumbai City present. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 12th November , 2009 P.C. 1 Petitioners herein were intervenors in Writ Petition No.7549 of 2009, which was disposed off by this Court on 8th September, 2009. This Court in that petition recorded a finding of the fact that the voters’ list has been finalised on 25.8.2009. This Court further directed that the process of election shall re-start again from the stage at which it was stopped after the assembly elections are over. 2 Petitioners by the present petition have approached this Court challenging the cut-off date of 30.6.2008 which was fixed for 2 finalising the voters’ list. It is the case of the petitioner that the said date is contrary to Section 27(3)(A) of the Maharashtra Co-operative Societies Act (In short ‘M.C.S.Act’) and Rule 4 of the Maharashtra Specified Co-operative Societies Election to Committee Rules, 1971 (In short ‘Election Rules’) rules framed under the M.C.S. Act. 3 We have considered the scope of Section 27. In our opinion, membership and voters’ list are two different things. A person may be a member but yet his name would not be included in the voters’ list if he is not eligible member. A member for the name to be included in the voters’ list shall have been a member as set out under Section 27(A)(3) . 30th June, 2008 was the date fixed for the preparation of voters’ list in terms of Rule 4 of the Election Rules. 4 We are clearly of the opinion that the contention raised by the petitioners is based on misapprehension. Those persons, who are eligible on 30.6.2008 in terms of Act and Rules and can have their names included. That list has been finalised. Thereafter, in terms of Rule 6(5) Collector has given opportunity to persons whose names were not included to apply to get their names included. That procedure has not yet been finalised. In so far as voters’ list is concerned, considering the earlier order of this Court, that issue cannot be raised in this petition. 3 Consequently, that contention is also been rejected. 5 In the light of that, there is no merit in this petition, which is accordingly rejected. (J.H.BHATIA, J.) (F.I.REBELLO, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.8266 OF 2009 WITH CIVIL APPLICATION NO.2724 OF 2009 Mumbai Sahakari Board Ltd. ...Applicant. v Marathas’ Educational Co-operative Society Ltd. & Anr. ...Respondents. Mr.N.N.Bhadrashete for the applicant. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 12th November , 2009 P.C. 1 By the present application, applicant seeks to intervene in the petition. In view of the dismissal of Writ Petition No.8266 of 2009, nothing survives in the civil application which is accordingly disposed off. (J.H.BHATIA, J.) (F.I.REBELLO, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.9278 OF 2009 Mumbai Sahakari Board Ltd. & Anr. ...Petitioners. v The State of Maharashtra & Ors. ...Respondents. Mr. C.J.Sawant, Sr. adv. with Mr.A.S.Desai, advs. For the Petitioners. Mr.V.S.Gokhale, AGP For the Respondent Nos.1 to 3. Mr.Shashank Mangale i/by D.R.Talankar, advs. for the Respondent No.4. Mrs.Savle, Naib Tehsildar , Election Office of the Collector Mumbai City present. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 12th November , 2009 P.C. 1 In view of the order passed by this Court on 8th September, 2009, we direct respondents to complete election process on or before 1st March, 2010. Mr. Gokhale on instructions of the officer present in the Court makes a statement that they will complete the process before 1st March, 2010. Statement accepted. 2 Petition stands disposed off accordingly. (J.H. BHATIA,J.) (F.I.REBELLO, J.)