1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11545 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 11545 OF 2010 1. Jayantrao Amrutrao Patil, Age: 59 years, Occu.: Agri., R/o Dondwade, Tq. Chopada, District Jalgaon. 2. Vilas Patingrao Patil, Age: 49 years, Occu.: Agri., R/o Dondwade, Tq. Chopada, District Jalgaon. ... PETITIONERS VERSUS 1. The State of Maharashtra. Through its Assistant Registrar, Cooperative Societies, Chopada, Tq. Chopada, Dist. Jalgaon. 2. Shri Datta Dondwade Vividh Karyakari Seva Sahakari Society Ltd., Dondwade Tq. Chopada, District Jalgaon. 3. Pradip Vasantrao Patil, Age: Major, Occu.: Agri., 4. Dilip Vasantrao Patil, Age: Major, Occu.: Agri., 5. Vaishali Dilip Patil, Age: Major, OLccu.: Household, 6. Sangita Pradip Patil, Age: Major, Occu.: Agri., 87 Bhagwat Yashwant Patil, Age: Major, Occ.: Agri., 8. Himkmat Yashwant Patil, Age: Major, Occu.: Agri., 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11545 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. All R/o: Dondwade, Tq. Chopada, Dist. Jalgaon. ... RESPONDENTS *** Mr. V. B. Patil, Advocate for the Petitioners. Mr. P. B. Patil, Advocate for Respondent No.1 Ms. V. A. Shinde, A.G.P. for the Respondent No.2. Mr. Amol S. Sawant, Advocate for Respondent Nos.3 to 6. *** CORAM: B.P.DHARMADHIKARI, J. DATED: 7th JANUARY, 2011. ORAL JUDGMENT: 1. Objection of petitioners to inclusion of names of Respondent Nos. 3 to 8 in voters list in borrowers constituency has been rejected by Respondent No.1 Assistant Registrar. 2. Learned counsel for the Petitioners contends that the impugned order reveals total non application of mind because the non borrower members whose names are included in the list had taken loan on 15th September, 2009. In terms of section 27 (3A) of Maharashtra Cooperative Societies Act read 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11545 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. with Rule 56B (1) of the Rules framed thereunder such respondents/ members have to complete period of two years after 15th September, 2009 and thereafter only they can qualify to be borrower members eligible to caste vote in election. He strenuously attempts to demonstrate that otherwise non borrower members may choose to borrow nominal sums, cast their vote for borrower member or then may themselves contest election and after getting elected may repay that nominal loan. If, according to him, this is allowed to occur, the provision of separate constituency for borrower members in bye-laws and in the scheme of Maharashtra Cooperative Societies Act will be frustrated and spirit behind it will stand defeated. 3. Respective counsel appearing for Respondents state that provisions of section 27 (3A) or Rule 56 (B) (1) are very clear and 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11545 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. there is only one category i.e. member. The members cannot be further subdivided into borrower or non-borrower for the purpose of acquiring eligibility to vote. Completion of two years after enrollment is sufficient for such member to vote either in borrower constituency or non-borrower constituency. 4. With the assistance of respective learned counsel I have perused the papers. There is nothing either in section 27 (3A) or Rule 56 (B)(1) to support the contention that a borrower member gets right to vote only after completion of two years after acquiring the status as a borrower member. The provision for two constituencies made in by- laws is also not for that purpose. The interest of borrower members are taken care of by creating a separate constituency for them. Similarly, for non-borrower members there is separate constituency. The initial 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11545 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. enrollment of a borrower or non-borrower member is not in any particular constituency but only as a member of cooperative society. Completion of period of two years after borrowing loan or after its repayment is not envisaged either in section 27 (3A) or Rule 57B (1). Reading such requirement will be adding to the law as enacted and it is not countenanced by law of interpretation. Reference to arrangement of names of members constituency-wise in last part of Rule 56B (1) is only for convenience in election and nothing more. 5. In view of this, I do not find any substance in argument as advanced. Writ petition is, therefore, dismissed. No costs. [B.P.DHARMADHIKARI, J.] Dated:07/01/2011. ans/11545 6 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11545 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 11545 OF 2010 Date of decision: 07th JANUARY, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE B. P. DHARMADHIKARI. Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... Yes Whether Their Lordships wish to see ... No the fair copy of the judgment? Whether this case involves a substantial ... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE