Case Note & Summary
The petitioner, Pundlik s/o. Chingalaba Kaje, filed a writ petition challenging the order of the Collector dated 28.6.2005 refusing to include his name in the list of voters for the election to the Managing Committee of Maharashtra Rajya Sahakari Doodh Mahasangh Maryadit. The petitioner claimed to be a representative of The Aurangabad Zilla Sahakari Doodh Utpadak Sangh Ltd. (Zilla Sangh), which is a member of the apex society. Elections were to be held in 2005. Initially, on 15.4.2005 and 24.5.2005, resolutions were passed in favour of Vilas Chavan (respondent no.7) authorising him as representative. However, on 9.6.2005, the Zilla Sangh passed a resolution changing its representative and nominating the petitioner instead. This resolution was communicated to the Collector. The Collector sought opinions from the Deputy Registrar of Co-operative Societies and passed the impugned order, observing that the subject of change of representative was not mentioned in the agenda of the meeting. The High Court considered the validity of the resolution and the Collector's power. The Court noted that the resolution was passed by the Board of Directors of the Zilla Sangh and was communicated to the Collector. The Court held that the Collector had no authority to go behind the resolution and examine its validity; his duty was only to include the name of the representative in the voters list. The Court also noted that the earlier resolutions in favour of Vilas Chavan were not acted upon as the Zilla Sangh had changed its representative. The Court allowed the petition, quashed the Collector's order, and directed the Collector to include the petitioner's name in the voters list. The Court also directed that the petitioner be allowed to vote in the election.
Headnote
A) Co-operative Societies - Election - Voters List - Inclusion of Representative - Rule 4 of Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971 - The petitioner challenged the Collector's order refusing to include his name as a voter in the election to the Managing Committee of Maharashtra Rajya Sahakari Doodh Mahasangh Maryadit. The Collector had rejected the resolution nominating the petitioner on the ground that the subject of change of representative was not mentioned in the agenda. The High Court held that the resolution was valid as it was passed by the Board of Directors and communicated to the Collector, and the Collector had no power to go behind the resolution. The Court directed the Collector to include the petitioner's name in the voters list. (Paras 2-6)
Issue of Consideration
Whether the Collector was justified in refusing to include the petitioner's name in the voters list on the ground that the resolution changing the representative did not mention the subject of change of representative.
Final Decision
The High Court allowed the writ petition, quashed the Collector's order dated 28.6.2005, and directed the Collector to include the petitioner's name in the voters list. The Court further directed that the petitioner be allowed to vote in the election.
Law Points
- Election law
- Co-operative societies
- Voters list
- Representative nomination
- Resolution validity
- Rule 4 of Maharashtra Specified Co-operative Societies Elections to Committees Rules
- 1971
