Case Note & Summary
The petitioner, Zamsingh s/o Bhuraji Yerne, filed a writ petition challenging an order dated 13.02.2023 passed by the District Co-operative Election Officer (respondent No.1) which accepted an objection raised by respondent No.2, Bakaram s/o Chindhu Mankar, and directed deletion of the petitioner's name from the provisional voters list of respondent No.3 Society (Adivasi Vividh Karyakari Sahakari Sanstha Ltd., Deori). The petitioner contended that the Election Officer exceeded his powers under Rule 8 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014, which only permits correction of names, addresses, or other particulars in the list submitted by the society. The respondent No.2 argued that the petitioner was not a member of the society and thus his name should be deleted. The court analyzed Rule 8 and held that the Election Officer's role is limited to making corrections based on the list provided by the society; he cannot adjudicate membership disputes or delete names based on objections regarding membership. The court found that the impugned order went beyond the scope of Rule 8 and was therefore unsustainable. The petition was allowed, the order dated 13.02.2023 was quashed and set aside, and the respondent No.1 was directed to restore the petitioner's name in the provisional voters list. Rule was made absolute accordingly.
Headnote
A) Co-operative Societies - Election - Voters List - Rule 8 of Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 - Scope of Power - The Election Officer's power under Rule 8 is limited to correcting names, addresses, or other particulars in the list submitted by the society; it does not extend to adjudicating membership disputes or deleting names based on objections regarding membership validity. The officer cannot go beyond the list submitted by the society. (Paras 3-5)
Issue of Consideration
Whether the District Co-operative Election Officer has the power under Rule 8 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 to delete a name from the provisional voters list based on an objection challenging the membership of a person.
Final Decision
The petition is allowed. The impugned order dated 13.02.2023 passed by respondent No.1 is quashed and set aside. Respondent No.1 is directed to restore the name of the petitioner in the provisional voters list. Rule is made absolute accordingly.
Law Points
- Election Officer's powers under Rule 8 are limited to correcting names
- addresses
- or other particulars in the voters list submitted by the society
- cannot adjudicate membership disputes or delete names based on objections regarding membership validity.
Case Details
2023 LawText (BOM) (03) 130
Writ Petition No. 1146 of 2023
Mr. A.M. Ghare, Advocate a/w Mr. O.A. Ghare, Advocate for the Petitioner; Ms. Tajwar Khan, AGP for the Respondent No.1/State; Mr. R.L. Khapre, Senior Advocate a/b Mr. V.A. Lohia, Advocate for the Respondent No.2; Mr. S.S. Deshpande, Advocate for the Respondent Nos. 3 & 4
Zamsingh s/o Bhuraji Yerne
District Co-operative Election Officer cum District Deputy Registrar, Co-operative Societies, Gondia; Bakaram s/o Chindhu Mankar; Adivasi Vividh Karyakari Sahakari Sanstha Ltd. Deori through its Secretary; Adivasi Vividh Karyakari Sahakari Sanstha Ltd. Boregaon through its Secretary
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Nature of Litigation
Writ petition challenging order of District Co-operative Election Officer deleting petitioner's name from provisional voters list of a co-operative society.
Remedy Sought
Petitioner sought quashing of order dated 13.02.2023 and restoration of his name in the provisional voters list.
Filing Reason
The Election Officer accepted an objection by respondent No.2 and directed deletion of petitioner's name from the provisional voters list, allegedly exceeding his powers under Rule 8.
Previous Decisions
Order dated 13.02.2023 passed by respondent No.1 (District Co-operative Election Officer) deleting petitioner's name from provisional voters list.
Issues
Whether the Election Officer under Rule 8 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 can delete a name from the provisional voters list based on an objection challenging membership.
Submissions/Arguments
Petitioner: Election Officer's powers under Rule 8 are limited to correcting names, addresses, or other particulars; cannot adjudicate membership disputes or delete names based on objections.
Respondent No.2: Petitioner is not a member of the society, hence his name should be deleted from the voters list.
Ratio Decidendi
The Election Officer under Rule 8 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 has limited powers to correct names, addresses, or other particulars in the voters list submitted by the society; he cannot adjudicate membership disputes or delete names based on objections regarding membership validity.
Judgment Excerpts
The petition challenges the order dated 13.02.2023 passed by the respondent No.1 (page 25), whereby the objection raised by the respondent No.2, to the inclusion of the name of the petitioner, in the provisional voters list of the respondent No. 3/Society, has been accepted and the name of the petitioner has been directed to be deleted from the provisional voters list itself.
It is contended by Mr. Ghare, learned counsel for the petitioner, that such an exercise is not permissible for the respondent No.1, considering the limited powers conferred upon him by the provisions of Rule 8 of the Maharashtra Co-operative Societies (Election to Committee) Rules 2014 and the only correction which could be made would be in respect to the name or address or other particulars in the list submitted by the Society to the Election Officer, as may be brought to the notice of the respondent No. 1.
Procedural History
The petitioner filed Writ Petition No. 1146 of 2023 before the Bombay High Court, Nagpur Bench, challenging the order dated 13.02.2023 passed by the District Co-operative Election Officer, Gondia. The petition was heard on 09.03.2023 and allowed by oral judgment.
Acts & Sections
- Maharashtra Co-operative Societies (Election to Committee) Rules, 2014: Rule 8
