1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6568 OF 2009 Shivajirao Ramrao Nimbalkar & Anr. : Petitioners. Versus State of Maharashtra and ors. : Respondents. Mr S S Patwardhan for the Petitioner. Mr Sameer Patil, AGP, for the Respondent Nos.1 and 2. Mr A A Kumbhakoni a/w Mr A P Kulkarni for the Respondent No.3. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 4th August 2009 P.C. 1. Heard. The challenge involved in this Petition is in respect of Sub-rule 5 of Rule 60 of the Maharashtra Co-operative Societies Rules, 1961. The grievance of the Petitioners is that the said Rule does not provide any guide line as to whether a particular subject is to be decided by a voting by show of hands or by ballot and accordingly prayer (a) has been drafted. 2. We have perused the said Rule. It is stated that the General Body shall decide in its meeting as to whether voting on any subject is to 2 be by ballot or by show of hands. Therefore, the procedure to be followed by the General Body has been prescribed and in these circumstances, the chair will ask the General Body what type of voting it wants i.e. either by show of hands or by ballot. Thereafter on the basis of the sense of the General Body, the voting will be taken. The Chair is in position to know by voice as to in whose favour the majority is. In case the Chair is not in a position to know that whether the General Body wants voting by show of hands and/or by ballot, then it will be open for the chairman to go for voting by secret ballot. But however it is at the discretion of the chairman. In our view the rule does not suffer from any infirmities much less any constitutional infirmities, as the rights of the members of the co-operative societies as such are not governed by the constitutional provisions but are governed by the statutory provisions i.e the Maharashtra Co-operative Societies Act, 1960 and the rules framed thereunder and the bye laws. We, therefore, do not found any merit in the challenge raised in the above Petition, which is accordingly dismissed. [R.M.SAVANT, J] [S.B.MHASE, J]