Case Note & Summary
The petitioner, Shriram Ganpatrao Yawale, challenged an order dated 6.11.2006 passed by the Resident Deputy Collector, Amravati (respondent no.1), which directed deletion of his name from the voters list of respondent no.4 (a federal cooperative society) and inclusion of respondent no.3's name. The petitioner was a member of respondent no.2 (a primary society) and had been appointed by that society as its representative to vote in the affairs of respondent no.4. Respondent no.3 objected, claiming that the petitioner had not completed two years as a member of the primary society and thus was ineligible to vote. The Collector upheld the objection, relying on Sections 27(3) and 27(3A) of the Maharashtra Cooperative Societies Act, 1960, reasoning that allowing a member without voting rights in the primary society to vote in the federal society would defeat the object of the Act. The High Court examined Section 27, which deals with voting powers. Sub-section (3) allows a society that has invested funds in a federal society to appoint one of its members to vote on its behalf. Sub-section (3A) restricts a member's right to vote in the society's affairs until two years have elapsed from the date of becoming a member. The court held that the two-year restriction under sub-section (3A) applies only to individual members voting in their own capacity, not to representatives appointed under sub-section (3). The representative votes on behalf of the society, not as an individual member. Therefore, the Collector's order was erroneous. The petition was allowed, the impugned order was quashed, and the rule was made absolute with no order as to costs.
Headnote
A) Cooperative Law - Voting Rights - Representative of Primary Society in Federal Society - Section 27(3) Maharashtra Cooperative Societies Act, 1960 - The court considered whether a member who has not completed two years of membership in a primary society can be appointed as its representative to vote in the federal society. The court held that Section 27(3) does not impose any qualification period for the representative; the two-year requirement under Section 27(3A) applies only to individual members voting in their own right, not to representatives appointed by the society. The Collector's order deleting the petitioner's name was set aside. (Paras 3-5)
Issue of Consideration
Whether a member of a primary cooperative society who has not completed two years of membership can be appointed as a representative to vote in the affairs of a federal society under Section 27(3) of the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The petition is allowed. The impugned order dated 6.11.2006 passed by respondent no.1 is quashed and set aside. Rule is made absolute. No order as to costs.
Law Points
- Interpretation of Section 27(3) and 27(3A) of Maharashtra Cooperative Societies Act
- 1960
- Voting rights of representative of primary society in federal society
- No requirement of two-year membership for representative appointed under Section 27(3)
Case Details
2006 LawText (BOM) (12) 96
Writ Petition No. 5535/2006
Mr. A.V. Gawande for Petitioner; Learned AGP for respondent no.1; Mr. P.S. Patil for Respondent No.2; Mr. N.R. Saboo for Respondent no.3
Resident Deputy Collector, Amravati and three others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order of Collector deleting petitioner's name from voters list of federal cooperative society.
Remedy Sought
Quashing of order dated 6.11.2006 passed by respondent no.1 and restoration of petitioner's name in voters list.
Filing Reason
Petitioner's name was deleted from voters list of respondent no.4 federal society on objection by respondent no.3 that petitioner had not completed two years as member of primary society.
Previous Decisions
Resident Deputy Collector, Amravati passed order dated 6.11.2006 deleting petitioner's name and including respondent no.3's name.
Issues
Whether a member of a primary cooperative society who has not completed two years of membership can be appointed as a representative to vote in the affairs of a federal society under Section 27(3) of the Maharashtra Cooperative Societies Act, 1960.
Submissions/Arguments
Petitioner argued that Section 27(3) allows a society to appoint any member as representative without any qualification period; the two-year restriction under Section 27(3A) applies only to individual voting rights.
Respondent no.3 argued that allowing a member without voting rights in the primary society to vote in the federal society would defeat the object of the Act.
Ratio Decidendi
Section 27(3) of the Maharashtra Cooperative Societies Act, 1960 permits a primary society to appoint any of its members as a representative to vote in a federal society without requiring the member to have completed two years of membership. The two-year restriction under Section 27(3A) applies only to individual members voting in their own right, not to representatives voting on behalf of the society.
Judgment Excerpts
The provisions of Section 27[3] and 27[3A] of the Maharashtra Cooperative Societies Act, 1960 have been amended at some time and object of the amendment is to see that the member does not get voting rights in affairs of the Society till he completes requisite period of two years.
The Resident Deputy Collector has found that the provisions of Section 27[3] and 27[3A] ... He has extended the analogy to the representative to be forwarded by the said Society to participate in the affairs of the Federal Society on the ground that it would be contrary to the object of the Act, if a member who has no voting rights in the affairs of his Society is permitted to participate in the affairs of the Federal Society.
Procedural History
The petition was heard on 11.12.2006 at admission stage, adjourned to 18.12.2006 for orders, but due to wrong noting of date, it was not listed. It was mentioned by petitioner's counsel and listed on 20.12.2006 for admission. Rule was made returnable forthwith and heard finally by consent.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: 27, 27(3), 27(3A)
