Case Note & Summary
The petitioners, two cooperative societies, applied for membership in respondent no. 4 society on 14/06/2002 and paid the share deposit amount and entrance fee. On 21/10/2011, respondent no. 2 published the programme for publication of the voters' list for the election of respondent no. 4. The petitioners' names did not appear in the provisional voters' list, and their objection was rejected by respondent no. 2. The petitioners challenged this rejection in the present writ petition. The court considered the legal issue of deemed membership under Section 22(2) of the Maharashtra Cooperative Societies Act, 1960. The petitioners argued that since respondent no. 4 never communicated any rejection of their membership application, they are deemed members under Section 22(2). The respondents contended that the petitioners were not members. The court held that under Section 22(2), if the society fails to communicate rejection within four months, the applicant is deemed to have become a member. As there was no communication of rejection, the petitioners are deemed members and entitled to be included in the voters' list. The court allowed the writ petition, quashed the order of respondent no. 2, and directed respondent no. 2 to include the petitioners' names in the voters' list.
Headnote
A) Cooperative Societies - Deemed Membership - Section 22(2) of Maharashtra Cooperative Societies Act, 1960 - The petitioners applied for membership and paid share deposit and entrance fee on 14/06/2002. The respondent society did not communicate any rejection of the application. Held that under Section 22(2), if the society fails to communicate rejection within four months, the applicant is deemed to have become a member. The petitioners are entitled to be included in the voters' list. (Paras 1-5)
Issue of Consideration
Whether the petitioners, having applied for membership and paid share deposit and entrance fee, are entitled to be included in the voters' list for the election of respondent no. 4 society, in the absence of any communication of rejection of their membership application.
Final Decision
The writ petition is allowed. The order passed by respondent no. 2 rejecting the objection of the petitioners is quashed and set aside. Respondent no. 2 is directed to include the names of the petitioners in the voters' list for the election of respondent no. 4 society.
Law Points
- Deemed membership under Section 22(2) of Maharashtra Cooperative Societies Act
- 1960
- Right to vote in cooperative society elections
- Inclusion in voters' list
Case Details
2011 LawText (BOM) (12) 17
WRIT PETITION NO. 9421 OF 2011
Mr. V.D.Salunke for petitioners, Mr. K.B.Choudhari for State, Mr. S.R.Bharad for Respondent No. 4
Amrutdhara Dudh Utpadak Sahakari Sanstha Dangar Budruk and Shetkari Sahakari Bagayatdar Sangh Ltd. Amalner
The State of Maharashtra, The Collector, Jalgaon, The District Deputy Director Cooperative Societies, Jalgaon, The Amalner Taluka Shetkari Sahakari Sangh Ltd., Amalner
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging rejection of objection regarding non-inclusion of names in provisional voters' list for election of a cooperative society.
Remedy Sought
Petitioners sought inclusion of their names in the voters' list for the election of respondent no. 4 society.
Filing Reason
Petitioners' names were not included in the provisional voters' list despite their application for membership and payment of share deposit and entrance fee on 14/06/2002, and their objection was rejected by respondent no. 2.
Previous Decisions
Respondent no. 2 rejected the petitioners' objection regarding non-inclusion in the provisional voters' list.
Issues
Whether the petitioners are deemed members of respondent no. 4 society under Section 22(2) of the Maharashtra Cooperative Societies Act, 1960, in the absence of communication of rejection of their membership application.
Whether the petitioners are entitled to be included in the voters' list for the election of respondent no. 4 society.
Submissions/Arguments
Petitioners submitted that they applied for membership and paid share deposit and entrance fee on 14/06/2002, and respondent no. 4 never communicated rejection, so they are deemed members under Section 22(2) of the Act.
Respondents argued that the petitioners were not members and thus not entitled to be included in the voters' list.
Ratio Decidendi
Under Section 22(2) of the Maharashtra Cooperative Societies Act, 1960, if a society fails to communicate rejection of a membership application within four months, the applicant is deemed to have become a member. Since respondent no. 4 did not communicate any rejection, the petitioners are deemed members and entitled to vote.
Judgment Excerpts
The petitioners applied to the respondent no. 4 – Sangh for membership on 14/06/2002. They also paid share deposit amount and the entrance fee on 14/06/2002.
Respondent no. 4 never communicated to the petitioners that their application for membership is rejected. In view of the same, the petitioners would be deemed members of respondent no. 4.
Procedural History
Petitioners applied for membership on 14/06/2002. On 21/10/2011, respondent no. 2 published programme for voters' list. Petitioners' names not in provisional list; they raised objection which was rejected. Petitioners filed writ petition challenging the rejection.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: 22(2), 27(3)
