RAVINDRA v. GHUGE & Y.G. KHOBRAGADE, JJ
Case Details
2024:BHC-AUG:2470-DB *1* wp13128a13141o23(This order stands corrected in view of the order dated01.02.2024)IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO.13128 OF 2023Siddheshwar Sahakari Sakhar Karkhana Ltd.,Manik Nagar, Sillod, Tq.Sillod,Dist.Aurangabad.Through its Authorized OfficerShri Madhav Manikarao Khare,Age : 62 years, Occ : Service,R/o Sillod, Tq.Sillod, Dist. Aurangabad....PETITIONER-VERSUS-1.The State of Maharashtra.Through Secretary,Cooperation, Marketing & Textile Department, Mantralaya, Mumbai.2.The State Cooperative ElectionAuthority, MS Pune.Through its Secretary.3.District Cooperative Election Officerand Regional Joint Director (Sugar),Aurangabad, Dist. Aurangabad....RESPONDENTSANDWRIT PETITION NO.13141 OF 20231.Balaji Shankar Sonwane,Age : 28 years, Occ : Agri,R/o Sarani (Aa), Tq.Kaij, *2* wp13128a13141o23Dist. Beed.2.Balasaheb Pandharinath Borade,Age : 60 years, Occ : Agri,R/o Gotegaon, Tq.Kaij,Dist. Beed....PETITIONERS-VERSUS-1.The State of Maharashtra.Through Secretary,Cooperation, Marketing & TextileDepartment, Mantralaya, Mumbai.2.The State Cooperative Election Authority,MS Pune. Through its Secretary.3.District Cooperative Election Officerand District Deputy Registrar, Cooperative Society, Beed.4.The Kaij Taluka Kharedi Vikri Sangh,Kaij, Tq.Kaij, Dist. Beed....RESPONDENTS…Shri V.D. Hon, Senior Advocate i/by Shri K.J. Suryawanshi,Advocate for the Petitioner in WP/13128/2023.Shri N.B. Khandare, Advocate i/by Shri A.G. Choudhari,Advocate for the Petitioners in WP/13141/2023.Shri S.K. Tambe, AGP for Respondent 1/State.Shri S.K. Kadam, Advocate for Respondents 2 and 3/Cooperative Election Authority.Shri B.B. Bhise, Advocate for Respondent 4 in WP 13141/23.... CORAM: RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.
Legal Reasoning
*3* wp13128a13141o23Reserved on :- 19th January, 2024Pronounced on :- 30th January, 2024JUDGMENT ( Per Ravindra V. Ghuge, J.) :- 1.Rule. Rule made returnable forthwith and heardfinally by the consent of the parties.2.In the first Writ Petition No.13128/2023, thePetitioner Cooperative Sugar Factory has put forth prayer clausesB, C, D and E as under:-“B)To quash and set aside the orders dated03.10.2023 issued by respondent no.2 State Co-operative Election Authority M S Pune maykindly be quashed and set asideC)The respondent no.2 and 3 may kindly bedirected to publish election program from thestage of nomination for the election ofmanaging committee of petitioner Karkhana,immediately.D)Pending hearing and final disposal of this writpetition the orders dated 03.10.2023 issued byrespondent no. 2 state Co-operative ElectionAuthority M S Pune may kindly be stayed.E)Pending hearing and final disposal of this writpetition the respondent no.2 and 3 may kindlybe directed to publish election program fromthe stage of nomination for the election ofmanaging committee of petitioner Karkhana,immediately.”3.In the second Writ Petition No.13141/2023, the *4* wp13128a13141o23Petitioners have put forth prayer clauses B, C, D, and E asunder:-“B. To quash and set aside the order dated03.10.2023 issued by respondent no.2 state Co-operative Election Authority M S Pune byissuing writ of certiorari.C. The respondent no.2 and 3 may kindly bedirected to publish election program from thestage where it is stopped and finalize the voterslist and start the election process from thestage of nomination for the election ofmanaging committee of respondent no. 4,society, forthwith by issuing appropriate writ.D. Pending hearing and final disposal of this writpetition the orders dated 03.10.2023 issued byrespondent no. 2 state Co- operative ElectionAuthority M S Pune may kindly be stayed.E. Pending hearing and final disposal of this writpetition the respondent no.2 and 3 may kindlybe directed to publish the election programfrom the stage where it is stopped and startfurther process of election of nomination forthe election of managing committee ofrespondent no.5, society immediately, bypassing appropriate order.”4.These two matters were heard extensively. Thesubmissions of the Petitioners in both these petitions can besummarized as under:-(a)The elections to the Cooperative Sugar Factory werelast conducted on 30.05.2017 and the five years tenure ended on30.05.2022. *5* wp13128a13141o23(b)Though the elections were due on or before30.05.2022, the Election Authorities did not conduct the electionseven after the expiry of the term.(c)By communication dated 15.02.2023, the StateCooperative Election Authority, Maharashtra State, Pune (inshort, “SCEA”), directed the Cooperative Societies to initiate theprocess for finalization of the voters list and prescribed the cutoff date as 01.02.2023.(d)All the parties to the proceedings accepted the saidcut off date and initiated the steps for finalization of the voterslist.(e)On 07.06.2023, the State of Maharashtra introducedthe ordinance called as the “Maharashtra Cooperative Societies(Amendment) Ordinance, 2023.(f)In Section 2 of the Maharashtra CooperativeSocieties Act, 1960 (hereinafter referred to as “the Act of 1960”),in clause (19), after sub-clause (a), sub-clause (a-1) is inserted,which defines “active member”. Section 26 of the Act of 1960was substituted. So also, sub-section (1A) was introduced belowSection 27(1). Section 73A also suffered a minor amendment.(g)The election programme for the preparation of the *6* wp13128a13141o23final voters list was commenced on 08.06.2023, objections werecalled till 19.06.2023, hearing took place on 22.06.2023 and thedecision was pronounced on 30.06.2023.(h)An order was issued by SCEA dated 28.06.2023 andthe elections were postponed. However, by that time, theprocedure for finalization of the voters list was alreadycompleted.(i)A notification was published by the HonourableGovernor of Maharashtra dated 21.08.2023 and the above statedMaharashtra Ordinance No.II/2023 dated 07.06.2023 waswithdrawn with immediate effect.(j)The notification dated 28.06.2023, by which theelections were postponed, specifically intimated all theconcerned that since the Honourable Supreme Court and theHonourable High Court directed that the elections should beconducted in cooperative societies and as the elections arepostponed, the elections would now be held any time after30.09.2023 and it would be ensured that the elections processwould move forward from the stage at which they werepostponed by the said order.(k)Reference is made to Section 27(3) and Section 73-
Decision
*7* wp13128a13141o23CB of the Act of 1960 and Rules 3, 6 and 9 of the MaharashtraState Cooperative Societies (Election to Committee) Rules, 2014(hereinafter referred to as “the Election Rules of 2014”).(l)The purpose behind maintaining the cut off date forat least two years prior to the proposed date of election, is toensure that a desirous candidate should not start enrolling hissupporters as members in order to increase his vote bank. Yet, thePetitioners agreed to abide by the cut off date 01.02.2023 asdirected by the SCEA and completed the entire procedure infurtherance thereof.(m)Now, because the SCEA has prescribed the new cutoff date as 01.10.2023, all such persons or societies who haveenrolled new members in between 01.02.2023 and 01.10.2023,would succeed in getting voting rights for such newly addedmembers, which will defeat the very object of the provisions ofthe Act of 1960 and the Rules framed thereunder.(n)If the impugned order is made applicable, theCooperative Societies will have to once again start new processfor finalization of the voters list, which will cause grave hardshipand manifest inconvenience, besides nullifying the object ofSection 27 of the Act of 1960 and the Rules, which mandate that *8* wp13128a13141o23the valid voter would be a person, who has been enrolled at leasttwo years prior to the date of election.(o)There is no dispute that the SCEA has jurisdiction toprescribe the cut off date strictly as per the Rules applicable.However, the SCEA cannot review it’s decision and prescribe afresh cut off date.(p)Between 01.02.2023 and 01.10.2023, there may notbe any change in the number of members, unless some societieshave shrewdly increased the members to gain advantage inelections.(q)The election programme to the extent of finalizationof the voters list was declared on 08.05.2023. After 10 days andwithin 20 days of the declaration of the final voters list, theelections are to be declared and just within two days, theGovernment postponed the elections with a clear indication thatthe elections would be conducted after 30.09.2023 from the stageat which they were postponed. (r)No reasons are assigned to change the cut off date.(s)In view of the above, clause 2 of the impugned orderdeserves to be quashed and set aside.(t)Reliance is placed upon the following judgments by *9* wp13128a13141o23the Petitioners in the first petition:-(1)Mohanrao Anandrao Munde and another vs. Stateof Maharashtra and others, 2006 (6) Mh.L.J. 813.(2)Bhosale Dattaram Madhavrao and others vs. TheState of Maharashtra and others, Writ PetitionNo.12106/2022 (Aurangabad Bench) decided on13.12.2022.(3)Kharade Seva Sahakari Society Ltd. vs. ThaneDistrict Central Cooperative Bank Ltd. And others,Writ Petition No.2690/2020 (Principal Seat) decidedon 11.01.2021.(4)Deorao Vithoba Kale vs. Divisional Joint Registrar,Cooperative Societies, Nagpur and others, 1982Mh.L.J. 543.(5)Jai Mahavir Cooperative Housing Society Ltd. vs.Panchal Keshavlal Narbheram and others, AIR1987 SC 1513.(u)Shri Khandare, the learned Advocate appearing forthe Petitioners in the second petition, has relied upon thefollowing judgments :- *10* wp13128a13141o23(a)Ramchandra Ganpat Shinde and another vs. Stateof Maharashtra and others, (1993) 4 SCC 216.(b)Kuntinath Appanna Nilapgol and another vs.Gadhinglaj Taluka Sahakari Sakhar KarkhanaLtd. and others, AIR 2000 Bombay 285.5.The learned Advocate Shri S.K. Kadam appearingon behalf of the Respondents/ Cooperative Election Authoritieshas vehemently defended the impugned order. His submissionscan be summarized as under:-(a)He refers to the order dated 06.09.2023 passed bythe learned Single Judge at the Principal Seat in Writ PetitionNo.7380/2023 (Manohar Aapanna Dharanguttikar and othersvs. The District Deputy Registrar, Cooperative Societies,Kolhapur and others).(b)He then relies upon another order dated 07.09.2023passed by the learned Single Judge at the Principal Seat in WritPetition No.9547/2023 (Prithviraj Sahebrao Jachak vs. State ofMaharashtra and others) wherein, it has been noted thatRespondent No.4 in the said petition had withdrawn the voterslist and nothing survived in the petition. *11* wp13128a13141o23(c)Though the voters list was finalized on 30.06.2023,the elections were postponed by the notification dated28.06.2023.(d)Due to Covid-19 pandemic, several elections werepostponed.(e)New cut off date was prescribed under Section73(CB) of the Act of 1960 read with Rule 3(v) and Rule 9 of theRules of 2014.(f)The communication dated 15.02.2023 issued by theSecretary, SCEA, binds all the parties.(g)No harm or prejudice would be caused to thesePetitioners.(h)The SCEA intends to reach every member of thesociety so as to enable him to participate in the elections.(i)New cut off date would assist the SCEA in noticingany unfair means adopted by any society in preparation of thefinal voters list.(j)The SCEA has power of review.(k)The Writ Petitions deserve to be dismissed. 6.Considering that the litigating parties have referred *12* wp13128a13141o23to several provisions, we deem it appropriate to reproduce thesame for ready reference, as under:-“Section 27. Voting powers of members.(1) Save as otherwise provided in sub-sections (2)to (7), both inclusive, no member of anysociety shall have more than one vote in itsaffairs; and every right to vote shall beexercised personally, and not by proxy:Provided that, in the case of an equalityof votes the Chairman shall have a castingvote.Explanation :- For the purposes of thissub-section, “votes to more than one candidatefrom the panel” shall be treated as one vote.(2) Where a share of a society is held jointly bymore than one person, the person, whose namestands first in the share certificate, if present,shall have the right to vote. But in his absencethe person whose name stands second, and inthe absence of both, the person whose namestands next, and likewise, in the absence of thepreceding persons the person whose name isnext on the share certificate, who is present andwho is not a minor, shall have the right tovote.(3) A society, which has invested any part of itsfunds in the shares of any federal society, mayappoint one of its members to vote on its behalfin the affairs of that federal society; andaccordingly such member shall have the rightto vote on behalf of the society:Provided that, any new member societyof a federal society shall be eligible to vote inthe affairs of that federal society only after thecompletion of the period of three years from thedate of its investing any part of its fund in theshares of such federal society:Provided further that, where the electionis to a reserved seat under Section 73-B, no *13* wp13128a13141o23person shall have more than one vote. (3A) An individual member of a society shall not beeligible for voting in the affairs of that societyfor a period of two years from the date of hisenrollment as a member of such society.Provided that, nothing in this sub-sectionshall apply in respect of a cooperative housingsociety and a cooperative premises society.(4) A company or any other body corporate,constituted under any law for the time being inforce, which has invested any part of its fundsin the share of a society, may appoint any of itsdirectors or officers to vote on its behalf in theaffairs of such society; and accordingly, suchdirector or officer shall have the right to voteon behalf of the company or body corporate.(5) Where a firm has invested any part of its fundsin the shares of a society, any one of itspartners appointed by the firm shall be entitledto vote in the affairs of the society on behalf ofthe firm.(6) A local authority or public trust which hasinvested any part of its fund in the shares of asociety, may appoint any of its members ortrustees, to vote on its behalf in the affairs ofthat society; and accordingly such person shallhave the right to vote on behalf of the localauthority or the public trust, as the case maybe.(7) In the case of a federal society, the votingrights of individual members thereof shall besuch as may be regulated by the rules madeunder this Act and by the bye-laws of thesociety.(8) No nominal member shall have the right to voteand no such member shall beeligible to be a member of a committee or forappointment as a representative of the societyon any other society.(9) No nominee of the Government or anyfinancing bank on the committee of any society *14* wp13128a13141o23shall be entitled to vote at any election ofofficers of such committee such as, thePresident, Vice- President, Chairman, Vice-Chairman, Secretary, Treasurer or any otherofficer by whatsoever designation called, whoholds the office by virtue of his election to thatoffice.(10)If a member has taken a loan from the society,such member shall, whenever he is a defaulteras provided in the Explanation to clause (I) ofsub-section (1) of section 73CA have no rightto vote in the affairs of the society:Provided that, a member shall not bedeemed to be a defaulter if he has dischargedhis obligation to deliver his marketableproduce to the marketing or processing societyand the value of such produce is not less thanthe amount of his dues, even if the actualsettlement of his dues, either in whole or inpart, takes place at a later stage.(11) The agricultural credit society may issuesuitable orders for the purpose of carrying outthe provisions of sub-section (10).”“Section 73CB State Cooperative Election Authority(1) The superintendence, direction and control ofthe preparation of the electoral rolls for, andthe conduct of, all elections to a society shallvest in the authority called as ‘the State Co-operative Election Authority’, as may beconstituted by the State Government in thatbehalf. Every general election of the membersof the committee and election of theoffice-bearers of a society including any casualvacancy, to the extent applicable, shall be heldas per the procedure prescribed.(2) The State Co-operative Election Authority shallconsist of a State Co-operative ElectionCommissioner, who has held the post not belowthe rank of Secretary to the State Government. *15* wp13128a13141o23The State Co-operative ElectionCommissioner shall be appointed by theGovernor. The State Co-operative ElectionCommissioner shall hold the office for a periodof three years and he may be re-appointed for afurther period of two years. The office of theState Co-operative Election Authority shall beat such place as may be notified by the StateGovernment :Provided that, a person appointed as theState Co-operative Election Commissionershall retire from the office on completion of theage of sixty- five years.(3) The State Government shall appoint ondeputation, any person holding a post notbelow the rank of Additional Registrar, as aSecretary to the State Co-operative ElectionAuthority.(4) Subject to the provisions of sub-section (2),other conditions of service, including the salaryand allowances, of the State Co-operativeElection Commissioner shall be such as may beprescribed. Subject to the provisions of sub-section (6), the State Co-operative ElectionCommissioner shall be removed from his officeonly by an order of the Governor on theground of proved misbehaviour or incapacityafter an inquiry ordered by the Governor andconducted by a retired Judge of the HighCourt, who has on inquiry, reported that theState Co-operative Election Commissionerought to be removed on such ground. (5) The Governor may suspend the State Co-operative Election Commissioner from hisoffice, and if deemed necessary, also prohibithim from attending the office during inquiry, ifan inquiry has been ordered under sub-section(4) until the Governor has passed the orders onreceipt of the report of the retired High CourtJudge.(6) Notwithstanding anything contained in sub- *16* wp13128a13141o23section (5), the Governor may, by order,remove the State Co-operative ElectionCommissioner from his office, if he,—(a) is adjudged an insolvent; or(b) has been, convicted of an offence which, inthe opinion of the Governor involves moralturpitude ; or(c) has engaged during his term of office in anypaid employment outside the duties of hisoffice; or(d) is, in the opinion of the Governor, unfit tocontinue in office by reason of infirmity of mindor body; or(e) has acquired such financial or other interestas is likely to affect prejudicially his functionsas the State Co-operative ElectionCommissioner.(7) The State Government, after consultation withthe State Co-operative Election Commissioner,shall provide the officers and employees for hisoffice, to assist him in performing his functionsunder this Act.(8) The State Government shall, when so requestedby the State Co-operative ElectionCommissioner make available to the StateCo-operative Election Authority such staff asmay be necessary for discharge of the functionsconferred on the State Co-operative ElectionAuthority by sub-section (1).(9) (a) If any person to whom sub-section (8)applies is, without reasonable cause, guilty ofany act or omission in discharge of his officialduty, he shall, on conviction, be punished withfine which may extend to five hundred rupees.(b) No suit or other legal proceedings shall lieagainst any such person for damages in respectof any such act or omission as aforesaid.Explanation.—For the purposes of thissub-section, the expression “persons to whomsub-section (8) applies” are the ReturningOfficers, Assistant Returning Officers, *17* wp13128a13141o23Presiding Officers, Polling Officers and anyother persons appointed to perform any duty inconnection with the receipt of nominations orwithdrawal of candidatures, or the recording orcounting of votes at an election; and theexpression “official duty” shall be construedaccordingly, but shall not include dutiesimposed otherwise than by or under this Act.(10) Notwithstanding anything contained in any lawfor the time being in force, the election of thecommittee of each society shall be conductedby the State Co-operative Election Authoritybefore the expiry of the term of the existingcommittee so as to ensure that the newlyelected members of the committee assumeoffice immediately on the expiry of the office ofthe members of the outgoing committee.(11) The State Co-operative Election Authority shallhold the elections of the society or class ofsocieties as per the procedure, guidelines andthe manner, including using the latesttechnology and expertise, as may be prescribed:Provided that, the State Governmentmay, considering the objects of the society,class of societies, area of operation and normsof business and for proper management andinterest of members, may by general or specialorder, classify the societies in such manner asmay be prescribed.Provided further that, in case of housingsociety having less than or up to 250 members,the elections of the Committee shall beconducted by the said housing society in themanner as may be prescribed.(12) The State Co-operative Election Authority shallconduct elections to the committee and also tooffice of President or Chairperson, Vice-President or Vice-Chairperson and such otheroffice bearers as are required to be elected asper the by-laws of the society, within fifteen *18* wp13128a13141o23days from the constitution of the committeeafter a general election. (13) There shall be an Election Fund maintained atlevel of the State Co-operative ElectionAuthority. Every society shall deposit inadvance, the estimated amount of expenditureon its election, as may be prescribed andrequired by the State Co-operative ElectionAuthority towards the Election Fund. The StateCo-operative Election Authority shall incur thenecessary expenses, for the conduct of theelections of the societies, including the electionof the office bearers, from the said fund. Theexpenses of the holding of any election,including the payment of travelling allowances,daily allowances and remuneration, if any, tothe persons appointed to exercise the powersand perform the duties in respect of theelection, shall be incurred from the said fundand the expenditure shall be made in themanner prescribed. The Registrar, onrequisition by the State Co-operative ElectionAuthority, shall recover expenses of holdingelection from any such society or class ofsocieties :Provided that, if any society fails to paythe election expenses, the Registrar may issuethe recovery certificate for recovery of theamount due and such amount shall herecovered as arrears of land revenue.(14) The committee of every co-operative societyshall,—(a) inform the State Co-operative ElectionAuthority about the expiry of its term of officeat-least six months before the date of expiry ofsuch term;(b) inform any casual vacancy occurred in thecommittee or its office bearers, within fifteendays of the occurrence of such vacancy ;(c) furnish such books, records and informationas the State Co-operative Election Authority *19* wp13128a13141o23may require as per the calendar specifiedby the State Co-operative Election Authority ;(d) provide all necessary help, assistance andco-operation for the smooth preparation ofelectoral rolls for the conduct of elections.(15) Where in respect of any society, the term of itscommittee has expired before the date ofcommencement of the Maharashtra Co-operative Society (Second Amendment) Act,2018, the election to such committee shall beheld by State Co-operative Election Authoritywithin a period of six months from the date ofsuch commencement:Provided that, in respect of such asociety, the committee shall continue to holdthe office till such a period of six months ordeclaration of results of election of such asociety whichever is earlier:Provided further that, in case of societydoing business of banking, the requisition madeor guidelines issued by the Reserve Bank ofIndia or the National Bank shall prevail.Provided also that, where the election ofthe Committee of any society which was duebut has not been conducted before the date ofcommencement of the Maharashtra Co-operative Societies (Second Amendment) Act2020, then election of Committee of suchsociety shall be conducted,-(a) within six months from the date ofcommencement of the said Amendment Act; or(b) where the period within which such electionshould have been conducted is extended by theState Government by general or special order,then within six months from the date on whichsuch extended period expires:”7.Rules 3, 6 and 9 of the Maharashtra StateCooperative Societies (Election to Committee) Rules, 2014 read *20* wp13128a13141o23thus:-“Rule 3. Powers of State Co-operative ElectionAuthority (SCEA).—In order to conduct the elections of the co-operative societies, the SCEA shall have thefollowing powers, namely :—(i) to appoint any officer or employee of the StateGovernment, or any Co-operative Society, orany Local Body on any post with suchdesignation and duties for the purpose ofconducting the elections; and it shall beobligatory on every officer or employee soappointed, to perform the duties assigned tohim, failing which he shall be liable forprosecution for having committed contempt ofthe lawful authority of the public servant withinthe meaning of Chapter ‘X’ of the Indian PenalCode, 1860 :Provided that, the State Co-operativeElection Authority may by general or specialorder direct any officer or employee of theState Government not below the rank ofDistrict Deputy Registrar to exercise its powersunder this clause :Provided further that, such officer oremployee shall work under the generalsuperintendence and control of the State Co-operative Election Authority;(ii) to requisition any public or private premises,vehicles, services or any other materialrequired for holding the election, from anyoffice of the State Government, Local Body,Co-operative Societies as he may deemnecessary. On service of such requisition, itshall be obligatory on the authority to whomsuch requisition is made, to forthwith handover the possession of premises, vehicles or anyother material, as the case may be, to theRequisitioning Authority or any personauthorized by him in that behalf ; *21* wp13128a13141o23Provided that, the State Co-operativeElection Authority may, by general or specialorder, direct any officer or employee of theState Government not below the rank ofDistrict Deputy Registrar to exercise its powersunder this clause;(iii) to prescribe the code of conduct to beimplemented in the area of operation of thesociety according to the nature of business orclass of societies;(iv) to appoint Observers and Zonal officers, whoshall be appointed with a view to keepwatch for smooth and fair conduct of electionsas and when required.(v) to issue such special or general orders ordirections for fair and free elections, whichshall not be inconsistent with the provisions ofthe Act and the Rules.(vi) to issue general or special orders, from time totime, regarding the estimated amountof election expenditure for societies or class ofsocieties to be deposited in the ‘ElectionFund’ in advance by the society as required bysub-section (13) of section 73 CB of the Act.The State Co-operative Election Authority mayconsider to determine estimated amount ofexpenditure based on criteria’s such as numberof voters, number of candidates, number ofpolling stations, number of constituencies, areaof operation, class of the societies, etc. forthe conduct of the free and fair elections of thesocieties, including the election of the officebearers.”“Rule 6. Provisional list of voters for co-operativesocieties having individuals as members :—(1) A provisional list of voters shall be prepared byevery society in the year in which the electionof such society is due to be held. The memberwho has completed minimum two years as *22* wp13128a13141o23member from the date of his enrolment up tothe date of expiry of term of existing Committeeand who is an active member shall be includedin the provisional list as laid down in sections26 and 27 of the Act. If different constituenciesare provided in the bye-laws, the names ofvoters shall be arranged constituency wise, ifrequired, as laid down in the bye-laws.Explanation:- For the purposes of thissub-rule, “the date of expiry of term of existingcommittee’’ means the date on which theexisting managing committee completes theperiod of five years from the date of election.(2) The period of two years as provided in sub-section (3A) of section 27 of the Act is to becounted from the date of enrollment of memberto the date when election of the managingcommittee of the society becomes due:Provided that, the period of two yearsshall not be counted in respect of a co-operative housing society and a co-operativepremises society as provided in the proviso tosub-section (3A) of section 27 of the Act:Provided further that, in case of societieswhere the elections could not been held beforethe expiry of the term of the committee due tounforeseen situations or any other reason, aprovisional list of the voter shall be preparedon the basis of the date fixed by the SCEA:Provided also that, provisional list ofvoters of the society having its first electionsdue after term of expiry of the provisionalcommittee under clause (a) of sub-section (1A)of section 73 shall comprise of all the membersas on the date of election when due:Provided also that, the provisional list ofthe voters of the society on which an authorizedofficer is appointed under section 77A or anadministrator is appointed under section 78A, *23* wp13128a13141o23shall be prepared on the basis of the date fixedby the SCEA.(3) Four copies of the authenticated provisionallists of voters in print as well as preferablyin digital form shall be delivered by thecommittee of the society to the District Co-operative Election Officer or Taluka or WardCo-operative Election Officer, or as directed bythe SCEA, one hundred and twenty days beforethe date of expiry of the term of Committee.Copies of such lists shall be displayed on thenotice board of the society. The District Co-operative Election Officer or Taluka or WardCo-operative Election Officer within ten daysfrom its receipt shall invite claims andobjections from the members of the society.(4) If any committee fails to deliver copies of theprovisional lists of voters to the DistrictCo-operative Election Officer or Taluka orWard Co-operative Election Officer on orbefore the due date, the District Co-operativeElection Officer or concerned Taluka Co-operative Election Officer shall himself orthrough any person authorized by him in thisbehalf, prepare such provisional list of votersand the expenditure incurred therefore shall berecovered from the committee or other personsresponsible therefore, as arrears of landrevenue.(5) In the event of the District Co-operativeElection Officer or Taluka or Ward Co-operative Election Officer taking action underthe last preceding sub-rule, he shall also causecopies of the provisional list of voters to bedisplayed on his notice board and notice boardof the society within ten days from the date ofreceipt of such list from the society for invitingclaims and objections from the members of thesociety:Provided that, such list may be publishedon the official website of SCEA and the Co- *24* wp13128a13141o23operation Department.”“Rule 9. Provisional list of voters for the societieshaving society or society and individuals asmembers.—(1) A provisional list of voters shall be prepared byevery society in the year in whichthe elections of such society are due to be held.The active members who have completedminimum two years as members from the dateof their enrolment up to the date of expiry ofterm of existing managing committee and incase of society being a active member who hascompleted minimum three years from the dateof enrollment to the date of expiry of period ofexisting managing committee; shall be includedin the provisional list as laid down in section of27. If different constituencies are provided inthe bye-laws, the names of voters shall bearranged constituency wise as laid down in thebye-laws.Explanation:- For the purposes of thissub-rule, “the date of expiry of term of existingcommittee’’ means the date on which theexisting managing committee completes theperiod of five years from the date of election.(2) The period of three years provided in sub-section (3) of section 27 of the Act is to becounted from the date of enrollment of memberto the date when election of the managingcommittee of the society becomes due:Provided that, in case of societies wherethe elections could not be held before theexpiry of the term of the committee due tounforeseen conditions or any other reason,provisional list of the voter shall be preparedon the basis of the date fixed by the SCEA:Provided further that, provisional list ofvoters of the society having its first electionsdue after term of expiry of the provisional *25* wp13128a13141o23committee under section 73 (1A) (a) shallcomprise of all the members as on the date ofelection when due:Provided also that, the provisional list ofthe voters of the society on which an authorizedofficer is appointed under section 77A or anadministrator is appointed under section 78Ashall be prepared on the basis of the date fixedby the SCEA.(3) Four copies of the authenticated provisionallists of voters shall be delivered in print aswell as preferably in digital form by thecommittee of the society to the District Co-operative Election Officer or Taluka or WardCo-operative Election Officer, or as directed bythe SCEA one hundred and twenty days beforethe date of expiry of the term of Committee.Copies of such lists shall be displayed on thenotice board of the society. The District Co-operative Election Officer or Taluka or WardCo-operative Election Officer shall, within tendays from its receipt, call for inviting claimsand objections from the members of the society.(4) If any committee fails to deliver copies of theprovisional lists of voters to the electionofficer on or before the due date, the DistrictCo-operative Election Officer or Taluka orWard Co-operative Election Officer shallhimself or through any person authorized byhim in this behalf, prepare such provisional listof voters and the expenditure incurred thereforshall be recovered from the committeeresponsible therefore, as arrears of landrevenue.(5) In the event of the District Co-operativeElection Officer or Taluka or WardCooperativeElection Officer taking action under the lastpreceding sub-rule, he shall also cause copiesof the provisional list of voters to be displayed *26* wp13128a13141o23on his notice board and on the notice board ofthe District Co-operative Election Officer orTaluka or Ward Co-operative Election Officerand of the society within 10 days from the dateof receipt of such list from the society forinviting claims and objections from themembers of the society :Provided that, such list may be publishedon the official website of SCEA and the Co-operation Department.”8.In Ramchandra Ganpat Shinde (supra), theHonourable Supreme Court has observed in paragraphs 4, 5, 6and 7 as under:-“4.Rule 4(1) of the Rules provides thus: 4(1) A provisional list of voters shall beprepared by every society for the year in whichgeneral election is due to be held. Persons whoare members as on the 30th June of the yearimmediately preceding the year in which suchelection is due shall be included in theprovisional list. If different constituencies areprovided in the bye-laws, the names of votersshall be arranged constituency wise as laiddown in the bye-laws: Provided that, if any case, thepreparation of the provisional list of votersfalls due after the expiry of a period of sixmonths from the 30th June, the Collector may,in consultation with the Registrar in respect ofthe societies, of the categories mentioned inClauses (i), (v), (vi) and (vii) of Sub-section (1)of Section 73G, and in consultation with theDistrict Deputy Registrar in respect of thesocieties the other categories mentioned inSub-section 1 of Section 73G, by order, changethe date of the 30th June and subsequent dates *27* wp13128a13141o23and fix revised dates for the purpose of theserules 5. Its reading adumbrates that the provisional listof voters of society shall be prepared by thesociety for "the year in which general electionis due to be held". Persons who are membersas on 30th June of the year immediatelypreceding the year in which such election isdue, shall alone be included in the provisionallist. Thereby, it is clear that the society shallprepare a provisional list of voters, comprisingof all the members of that society for the yearin which general election is due to he held. Butthe persons who are members of the society ason 30th June of the immediately preceding theyear in which such election is due should alonebe included in the provisional list and eligibleto vote at the election. Under the proviso, if thepreparation of the provisional list falls dueafter the expiry of the period of six months from30th June, then the Collector is enjoined toconsult the Registrar or the Dist. DeputyRegistrar as the case may be based, on theclass of society envisaged under Section 73G; he should pass an order changing the date of30th June and prescribe a subsequent date; fixrevised date for the purpose of preparing theprovisional list and ensure the procedure fordeclaration of the final list. 6. It is the case of the appellants that after thefinal list was published by the Dist. Collectoron December 17, 1991, A.K. Patil, theChairman, got enrolled 2000 members andmade them eligible to exercise franchise in hisfavour apprehending that he would be defeatedin the general election, colluded with More andMule, i.e. Director and a member of the societyrespectively, got filed collusive writ petitions,abused the process of the court, played fraudon the court and obtained collusive orders tomake the provisional list of voters to be as on *28* wp13128a13141o23June 30, 1992 and to conduct elections on thatbasis. The Dist. Collector filed counter-affidavit in this Court admitting that Rule 4 andthe circular issued by the Govt. in this behalfenvisage that the final list of voters in forcebefore the postponement of the election by theState Govt. shall be valid but since the HighCourt issued the direction to treat June 30,1992 to be the date for reckoning theprovisional list of voters to be valid, he had nooption but to abide by the direction and toconduct the election in terms thereof. As statedearlier that though respondents 5 to 7 wereserved, they did not file any counter denyingthe allegations of the appellants made againstthem. 7. We have already noted that under Rule 4provisional list of voters shall be prepared byevery society "in the year in which generalelection is due to be held". It is not due underlaw as contended for the Society. What is themeaning of the above quoted phrase is to begathered from the statutory operation of thelaw. The term of the Managing Committee wasto expire on December 3, 1991. Under the Actthe election to the managing committee of thesociety shall be held under Section 73G beforethe expiry of the term in accordance with theprovision in chapter 11A of the Act, the Rulesand the bye-laws of the society. The year inwhich the general election due is, therefore, theyear 1991. If the elections were not conductedbefore its expiry, by operation of Sub-section2B of Section 73G, the members of the existingcommittee should cease to hold office on itsexpiry of extended term as the case may be andshould be deemed to have vacated their offices.By operation of Sub-section (3) of Section 73G,the general body of the members of the societyshould elect the members of the managingcommittee. Therefore, before the expiry of the *29* wp13128a13141o23term of the committee the general election tothe Managing Committee is due. Black's LawDictionary, sixth edition at. p.500, meaning ofthe words 'due date' has been stated thus: "Ingeneral, the particular day on or before whichsomething must be done to comply with law ofcontractual obligation". When Section 73G,provisions in Chapter XIA and the bye-lawsread with Rule 4 envisage that the election tothe managing committee should be conductedbefore the expiry of the term, the Society hasbeen enjoined under Rule 4(1) to prepare theprovisional voters list of the members as onJune 30th of the year "immediately precedingthe year" in which such general election is dueto be held and submit the same to the Dist.Collector. The Legislature, thereby intendedthat despite the existence of the members on theadmission register of the society, only thosemembers who were admitted and valid asmembers on or before 30th June of the yearimmediately preceding the year in which suchgeneral election is due alone are eligible toexercise the franchise and to be included in theprovisional list. Thereafter on publication inthe Notice Board under Rule 6(1) andconsidering the objections, suggestions orimprovements if any made, the Collector isenjoined to finalise the list under Rule 7 andhave it published as "final list of voters". Theproviso would operate only in case thepreparation of the provisional list of votersfalls due after the expiry of the period of sixmonths from the 30th June, then only, afterconsultation with the designated officer, theCollector, by an order, may change the date of30th June and fix a subsequent date as reviseddate to submit the provisional list of voters. Inthis case the proviso has no application for thereason that the provisional list had alreadybeen approved and published by the Collector *30* wp13128a13141o23as per the law on December 17, 1991. It wasnot challenged. Therefore, the year in whichthe general election to the society is due is thedate as per the operation of law i.e. 1991 butnot due after the expiry of the period aspostponed by the State Govt. Obviously, forthat reason the Govt. also had issuedinstructions on September 28, 1992 that in casethe provisional list was approved and the finallist was published prior to the postponement ofthe election, the election should be conductedin accordance with the final list publishedunder Rule 7 of the Rules.”[Emphasis supplied]9.It is, therefore, apparent that the valid voters list is tobe prepared in the year preceding the year in which the electionsare due to be held. However, in the peculiar facts of this casewherein the elections were over-due and were not held for almost2 years, that the litigating parties before us have accepted thedecision of the SCEA in directing the cut-off date as 01.02.2023.The parties acted on the said cut-off date and after the programfor finalization of the valid voters list was declared by theauthority, the prescribed procedure was followed and the finalvoters lists were prepared. The postponement of the electionswas under a declaration that the elections would be held after30.09.2023 and the process of elections would be taken forward *31* wp13128a13141o23from the stage at which they were postponed.10.In Kuntinath Appanna Nilapgol (supra), this Courthas observed in paragraphs 25 to 28 as under:-25.An attempt was made on behalf of thePetitioners to make out a case that Rule 8, asquoted above, has its own field of operationand it is totally uncontrolled by Rule 4 sub-rule(1) and, as such the Collector has power underRule 8 to fix any date, of course, inconsultation with the District Deputy Registrar.If that be so, in our opinion, it will create avery anomalous position and, moreover, theimportant part of Sub-rule (1) of Rule 4bearing reference to the order in which thegeneral election is due, will be given acomplete go-bye.26. It is nobody's case that under Rule 8, theCollector can announce elections even thoughthey are not due. For this purpose, we mayrefer to Section 73G of the said Act. Under sub-section (2), the term of the Committee is fixedfor a period of five years to be counted from thedate on which the first meeting is held. There isfurther reference to the extension being givenby the State Government not exceeding aperiod of one year.27. The elections will, therefore, become due onlyin the year in which the term of the Committeeis to come to an end. If this is understood in thelight of the aforesaid provisions of sub-section(2) of Section 73G of the said Act, in ouropinion, it could mean that if, no extension isgranted, in the 5th year, elections will be due. Ifextension is granted, at the most, in the 6th,year counted from the date on which the firstmeeting is held, the election would become due.28. In the instant case, the election had becomedue in the year 1998, i.e. before 3rd December, *32* wp13128a13141o231998, when the term ordinarily has come to anend. With reference to that date, everyoneagrees to it but for the proviso of Sub-rule (1)of Rule 4 of the said Rules, for the purpose ofprovisional voters list, the date is 30th June,1997. According to the proviso, if preparationitself falls due after the expiry of a period of sixmonths from the 30th June, 1997, the Collectormay in consultation with the Registrar or theDistrict Deputy Registrar, as the case may be,change the date of the 30th June, 1997 tosubsequent dates and fix revised dates for thepurpose of these Rules.”11.In Mohanrao Anandrao Munde (supra), this Courthas held in paragraph 14 as under:-“14. For the reasons recorded above, we, therefore,allow the petition and quash and set aside theaction of the respondents, contained in theorder dated 2nd September, 2006 of staying theprogramme of election of the respondent No. 6specified co-operative society and theconsequential notification published by theAssistant Election Officer for MajalgaonSahakari Sakhar Karkhana Ltd., Sundarnagar,Telgaon, Tq. Majalgaon, district Beed, dated4th September, 2006. We also direct therespondent Nos. 1 to 5 to hold the elections, inaccordance with the provisions of MaharashtraSpecified Co-operative Societies (Election tothe Committees) Rules, 1971 from the stagewhere the programme was stayed afterpublishing the revised programme. The revisedprogramme shall be published within one weekfrom today.”[Emphasis supplied] *33* wp13128a13141o2312.In an unreported order dated 13.12.2022 delivered atthe Aurangabad Bench in Bhosale Dattaram Madhavrao(supra), this Court has held in paragraphs 10 and 11 as under:-“10. Even otherwise the elections have beenpostponed till 20.12.2022. It implies that theState Cooperative Election Authority would beable to proceed and conduct the elections of theSocieties from the stage at which they havereached, immediately after 20.12.2022. Mr.Kadam who appears for the authority oninstructions submits that it is bound by theprogramme and would commence the electionsof the Societies from the stage they havereached on 29.11.2022 from 21.12.2022onwards depending upon the stage and theduration for completing each stage.11. Considering all the aforementioned facts andcircumstances, we deem it appropriate todispose of the writ petitions by directing theState Cooperative Election Authority to resumethe election process from the stage it hasreached in respect each of such Societies from21.12.2022 onwards. The State CooperativeElection Authority shall publish the revisedprogramme in respect of each of the Societiesby 16.12.2022.”[Emphasis supplied]13.In an unreported order dated 11.01.2021 delivered atthe Principal Seat in Kharade Seva Sahakari Society Ltd.(supra), this Court has held in paragraph 6 as under:-“6.In view of these circumstances, we direct therespondent nos.2 and 3 to resume the processof conducting elections in accordance with the *34* wp13128a13141o23programme which was issued on 23 rd December 2019 page 68 of the writ petitionfrom the stage it was left and shall complete theentire process on or before 31 st March 2021. ”[Emphasis supplied]14.In Deorao Vithoba Kale (supra), on point of thepower to review an order, this Court has held in paragraph 2 asunder:-“2.Shri Paliwal, the learned Counsel for thepetitioner, in the first place, contended that theimpugned order is violative of the principle ofnatural justice inasmuch as, admittedlyremoval has taken place without issuing anyshow cause notice to the petitioner. It seems tous that grievance made in this connection issound. On merits, it was contended that in viewof the provisions of section 78(1)(b) of the Act,there is no bar to the appointment of the sameperson over again after the disqualification isremoved. If that was the intention of thelegislature in place of the word "person" theword "other person" would have beenincorporated in the said section. Shri Desai,the learned Assistant Government Pleader, onthe other hand, contended that by virtue of thefact that appointment has to be in his place ithas to be presumed that the appointment of thesarre person was prohibited. We have given ourthought to this question and in our judgmentinterpretation put on behalf of the State isfallacious. On the language of the provision,we see nothing illegal in reappointment of aperson after the disqualification is wiped out.Moreover, we fail to appreciate under whatprovision of law the third respondent reviewedhis own order. The only power of review in the *35* wp13128a13141o23Act is to be found in section 150 but obviouslyit does not grant any jurisdiction to the thirdrespondent for review. It was further contendedthat the order of nomination (Annexure-IV) wasvoid ab initio and, therefore, the thirdrespondent had every jurisdiction to correct hisown mistake when he noticed it. We are unableto see how this appointment is void ab initio. Itis a common point that either on the date of hisfresh nomination on 14-2-1980 orsubsequently, the petitioner had not incurredany disqualification.”[Emphasis supplied]15.In Jai Mahavir Cooperative Housing Society(supra), it was concluded in paragraph 14 as under:-“14.When the respondent submitted his dispute tothe Registrar and the Registrar after examiningthe matter came to the conclusion that it was adispute which could be entertained within thescope of S. 96 and therefore referred it to hisnominee for decision. It could not be doubtedthat the Registrar exercised jurisdiction underS. 96 and came to the conclusion and thereforethe High Court was right in coming to theconclusion that once the Registrar takes thisdecision he has no power to review his order.In this view of the matter we see no reason toentertain this appeal. The appeal is thereforedismissed. In the circumstances of the caseparties are directed to bear their own costs.”[Emphasis supplied]16.Part III of the Rules of 2014, pertains to preparationof the electoral roll. Rule 6 reproduced above, would indicate *36* wp13128a13141o23under clause 2 that the period of two years as provided in sub-section (3A) of Section 27 of the Act of 1960 is counted from thedate of enrollment of a member to the date when the election ofthe Managing Committee of the society becomes due. Provisothereunder indicates that the period of two years shall not becounted in respect of a cooperative housing society andcooperative premises society.17.Section 27(3A) of the Act of 1960 prescribes that anindividual member of the society shall not be eligible for votingin the affairs of that society for a period of two years from thedate of his enrollment as a member of such society. As such, on aconjoint reading of Rule 6(2) with Section 27(3A), it is obviousthat a member is not permitted to vote in an election for a periodof two years from the date of his membership. It is apparent thatthe intent, object and logic behind such provisions is to ensurethat unfair acts of a desirous candidate in sponsoring members byincreasing the membership as soon as he gets the wind of freshelections, can be curbed.18.In the instant case, the programme for finalization ofthe voters list was already published and the cooperativesocieties/ sugar factories completed the process of finalization of *37* wp13128a13141o23the voters list after painstakingly following the due procedureprescribed. When the elections were postponed, every societywas made to believe that the election programme wouldcommence from the stage at which the elections were postponed.19.We find that the impugned order contains referenceto 2 orders of this Court. However, both are short orders whichdo not lay down a law. So also, the reason cited does not justifythe change in the cut-off date. We do not find any such reason inthe impugned order, which would stand the test of refixing thecut off date. 20.It is, thus, well settled that though in certaincircumstances, the SCEA may re-fix the cut-off date, this can bedone only by following the due procedure laid down in law andfor sound reasons which would justify such a step. Such actionwill have to be scrutinized depending on the facts andcircumstances in each case and there cannot be a ‘cut and dried’strait jacket formula to be applied mechanically in every case. Inthe instant cases, the impugned order does not reflect any suchreasons or circumstances, which would justify re-fixing of thecut-off date. So also, the final voters list is ready as on30.06.2023 by following the cut-off date 01.02.2023, which is *38* wp13128a13141o23not too stale/old, to be discarded. In fact, the revised cut-off date01.10.2023, would amount to ‘cutting too close’ to the proposedelections as this would result in granting voting rights to thosepersons who may have been enrolled as new members after01.02.2023 and until 01.10.2023. Moreover, the State hadannounced that the elections would be held after 30.09.2023,from the stage at which they were postponed.21.Considering the aforesaid analysis of the facts,circumstances, the provisions of law and the cited reports, boththese Writ Petitions are allowed. The impugned orders dated03.10.2023, stand quashed and set aside to the extent of thesePetitioners. We direct the SCEA to proceed to declare theelection program from the stage at which it was postponed.22.Rule is made absolute in the above terms. No orderas to costs. kps (Y.G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)