Case Note & Summary
The petitioners, who are members of Shri Balaji Sahkari Doodh Utpadak Sanstha (a cooperative milk producers society registered under the Maharashtra Cooperative Societies Act, 1960), challenged the eligibility of respondents 3 to 17 to vote in the society's elections for the tenure 2011-2016. The petitioners contended that under Section 27(3-A) of the Act, only members who have completed two years as members are entitled to vote. They argued that the respondents had not completed two years of membership, even assuming a resolution dated 27.12.2009 admitted them. The court noted that the election process had already commenced, and by interim orders, the votes of the respondents were kept in a sealed envelope. The court observed that the petitioners had not produced any evidence to show that the respondents were enrolled after the cutoff date. The court held that the membership duration should be computed from the date of enrollment or the date of the resolution, whichever is earlier. Since the petitioners failed to discharge the burden of proof, the court directed that the votes of respondents 3 to 17 be counted and the election results be declared. The petition was dismissed.
Headnote
A) Cooperative Societies - Election - Eligibility to Vote - Section 27(3-A) Maharashtra Cooperative Societies Act, 1960 - The dispute pertains to the eligibility of 15 members to vote in the election of a cooperative milk producers society. The court considered whether the members had completed two years of membership as required by Section 27(3-A). The court held that the membership duration must be computed from the date of enrollment or the date of the resolution admitting the member, whichever is earlier. The petitioners failed to prove that the respondents had not completed two years. The court directed that the votes of the respondents be counted and the election results be declared. (Paras 1-6)
Issue of Consideration
Whether respondents 3 to 17 are eligible to vote in the elections of Shri Balaji Sahkari Doodh Utpadak Sanstha for the tenure 2011-2016, given the requirement of two years' membership under Section 27(3-A) of the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The petition is dismissed. The votes of respondent nos. 3 to 17 shall be counted and the result of the election shall be declared.
Law Points
- Eligibility to vote in cooperative society elections requires membership for at least two years as per Section 27(3-A) of the Maharashtra Cooperative Societies Act
- 1960
- Membership duration computed from date of enrollment or resolution admitting member
- whichever is earlier
- Burden of proof on petitioner to show ineligibility
