Case Note & Summary
The petitioners, four individuals who were members of a cooperative society, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench. They sought a direction to the District Cooperative Election Officer (Respondent No.1) to include their names in the final voters' list for the upcoming elections of the cooperative society. The petitioners had become members of the society on 30-03-2013. Under Section 27(3A) of the Maharashtra Cooperative Societies Act, 1960, a member becomes eligible to vote only after two years from the date of enrollment, which in their case was 30-03-2015. Their names were initially included in the provisional voters' list but were subsequently deleted from the final list on the ground that the State Cooperative Election Authority had fixed 31-10-2014 as the cut-off date for preparing the provisional voters' list. The petitioners argued that they fulfilled the eligibility criteria under Section 27(3A) and were entitled to vote. The respondents, including the District Cooperative Election Officer, the Commissioner of the State Cooperative Election Commission, and the Deputy District Registrar, opposed the petition, contending that the cut-off date was valid and the petitioners did not meet the eligibility requirement as of that date. The court, after hearing the parties, observed that the petitioners had become members on 30-03-2013 and completed two years on 30-03-2015, making them eligible to vote. The court held that the cut-off date fixed by the Election Authority could not override the statutory provision under Section 27(3A). Accordingly, the court allowed the petition, directed the respondents to include the petitioners' names in the final voters' list, and made the rule absolute with no order as to costs.
Headnote
A) Cooperative Societies - Election - Voters' List - Eligibility to Vote - Section 27(3A) of the Maharashtra Cooperative Societies Act, 1960 - The petitioners became members of the cooperative society on 30-03-2013 and completed two years of membership on 30-03-2015, making them eligible to vote. Their names were included in the provisional voters' list but deleted from the final list based on a cut-off date of 31-10-2014 fixed by the State Cooperative Election Authority. The court held that the cut-off date cannot override the statutory eligibility period under Section 27(3A) and directed the respondents to include the petitioners' names in the final voters' list. (Paras 3-6)
Issue of Consideration
Whether the names of the petitioners, who became members of the cooperative society before 31-10-2014 and completed two years of membership by 30-03-2015, can be deleted from the final voters' list on the ground that the cut-off date fixed by the State Cooperative Election Authority was 31-10-2014.
Final Decision
The petition is allowed. The respondents are directed to include the names of the petitioners in the final voters' list. Rule is made absolute with no order as to costs.
Law Points
- Eligibility to vote in cooperative society elections
- Cut-off date for voters' list
- Section 27(3A) of Maharashtra Cooperative Societies Act
- 1960
- Interpretation of statutory provisions
