1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.1904 OF 2008. Sanjay S/o Pandharinath Marathe ... Petitioner. Versus The Returning Officer, Dindayal Adivasi Sahakari Sut Girni Maryadit, Udaynagar, Pimpalner, Tq.Sakri and another. ...Respondents. ... Mr.S.D.Joshi, advocate for the petitioner. Mr.A.B.Girase, advocate for the Respondent No.2. Respondent No.1 served. ... CORAM : V.R.KINGAONKAR,J. Date : 02.07.2009. PER COURT 1. By this petition, the petitioner seeks to challenge the order dated 17.12.2007, rendered by Divisional Commissioner, Nasik Division, on Election Appeal No.18/2007, whereby earlier order dated 5.12.2007, rendered by the Returning 2 Officer of Dindayal Adivasi Sahakari Sut Girni Maryadit, was confirmed. The petitioner alleged that he filed nomination for the elections of a federal society, namely, "Dindayal Adivasi Sahakari Sut Girni Maryadit, Udaynagar, Pimpalner". He sought nomination of his candidature as representative of a member society styled as "Panzarakan Krushi Purak Sahakari Sanstha, Dapur, Tq. Sakri". The nomination was rejected by the Respondent No.1. He preferred appeal which came to be dismissed by the impugned order. 2. Heard learned counsel for the parties. 3. In view of Section 27(3) of the Maharashtra Cooperative Societies Act, a Cooperative Society shall be eligible to vote in the affairs of the federal society if it has invested any part of its funds in the shares of the federal society and on completion of period of three (3) years from the date of such investment. The record shows that name of the petitioner was shown in the provisional list of 3 members. Individually he is member of the said federal society. It appears that the Cooperative Society called "Panzarakan Krushi Purak Sahakari Sanstha, Dapur", was registered on 30.11.2006. Prior to such registration, the investment of such amount was made by the said proposed Cooperative Society on 29.3.2006 with the federal society. The date of nomination as per the election programme was 3.12.2007. It is amply clear that the member society, of which representation was sought by the petitioner, had not completed period of three (3) years from date of investment. It is imperative, therefore, that the said member society was not eligible to participate in the election in view of non- fulfillment of the conditions stated in Section 27(3) of the MCS Act. Though name of the petitioner was shown in the provisional list, yet, it would not of any assistance to him inasmuch as the name of the member society did not figure in the final list of the societies which could have claimed representation. In this view of the matter, rejection of nomination of the petitioner is in keeping with the relevant 4 provisions of the MCS Act. No interference is warranted in the exercise of supervisory jurisdiction and as such the petition is dismissed. (V.R.KINGAONKAR,J.) asp/office/wp190408