: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3043 OF 2009 Shri Shahaji Kundalik Desai & Ors. ... Petitioners V/s. Assistant Registrar for Co-op. Societies, & Ors. ... Respondents Mr.P.D. Dalvi for Petitioners Mr.A.I. Patel, AGP, for Respondent State Mr.C.G. Patil for Resp. No.3 CORAM: SMT.NISHITA MHATRE, J. DATED: 13th JULY, 2009 P. C.: 1. The petitioners are aggrieved by the order passed by Respondent No.1 deleting their names from the provisional voters list for the elections to be held to Respondent No.3 society. According to the Petitioners, their names had earlier been included in the provisional voters’ list but due to some complaints received by Respondent No.1 their names were later deleted. Respondent No.3 is a multi purpose society and elections for the period commencing from 2009-2010 have been declared. A cut-off date u/s 27(3A) of the Maharashtra State Cooperative Societies Act was declared on 15.3.2007 by the District Deputy Registrar. This order was passed on 2.2.2009. Accordingly, the petitioners’ name appeared in the provisional voters’ list. It seems however, that respondent No.1 thereafter passed an order deleting the names of the petitioners from the voters’ list on the ground that they were : 2 : not members for two years as required u/s 27(3A). 2. Mr.Dalvi, the learned advocate for the petitioner, states that Respondent No.1 has exercised powers u/s 152A of the Act for deletion of the names of the petitioners. He submits that this power can be exercised only in respect of the appeals against the rejection of nominations for the election. He submits therefore that the power exercised by Respondent No.1 u/s 152A for deletion of the names of the petitioners is without jurisdiction. He then points out that the provisions of section 27(3A) indicate that a person must be a member of the society for a period of two years from the date of his enrollment as a member of the society for being eligible to vote. He therefore submits that once the District Deputy Registrar had directed by his order dated 27.2.2009 that all those who were members as on 15.3.2007 should be included in the voters’ list then the petitioners’ names ought not to have been deleted. 3. An affidavit has been filed by the Assistant Registrar i.e. Respondent No.1 herein contending that the provisional voters’ list is prepared and published on 10.2.2009 whereas the petitioners were enrolled as members of the society only on 28.2.2007. It is therefore, submitted that in these circumstances the petitioners were not eligible to vote and, therefore, their names were deleted from the provisional voters list in view of the provisions of section 27(3A). 4. In my view, the order passed by the Respondent No.1 deleting the names of the Petitioners u/s 152A is without jurisdiction. The exercise of powers u/s 152A has nothing to do with the deletion of the names of members from the provisional voters’ list. The provisions of section 152A can be exercised only with respect to the : 3 : rejection of nomination forms and appeals filed against such rejection In the instant case, the stage for rejection of nomination forms has not been reached as yet and therefore the question of exercising the powers u/s 152A does not arise. 5. Moreover, when the District Deputy Registrar had directed that all those who were members as on 15.3.2007 should be included in the voters’ list the question of deletion of the petitioners’ names subsequently does not arise. Admittedly, the petitioners were members as on 15.3.2007 since they were enrolled as members of the society on 28.2.2007. 6. In these circumstances, the petition is allowed. A grievance is also made that total 67 names were deleted from the provisional voters’ list without hearing them. In these circumstances, Respondent No.1 shall issue notices to the affected persons whose names have been deleted, including the petitioners and shall decide the objections raised against the inclusion of their names after giving notice to the persons affected. 7. Writ Petition is disposed of accordingly.