DUDHGANGA VIKAS SEWA SANTHA MARYADIT versus DISTT. COLLECTOR-KOLHAPUR AND ORS.

Citation: [2006] SUPP. 1 S.C.R. 729 · Decided: 02-05-2006 · Supreme Court of India · Bench: B.P. SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

DUDHGANGA VIKAS SEWA SANTHA MARY ADIT 
A 
v. 
DISTT. COLLECTOR-KOLHAPUR AND ORS. 
MAY 2, 2006 
[B.P. SINGH AND AL TAMAS KABIR, JJ.] 
B 
Co-operative Societies: 
Maharashtra Co-operative Societies Act, I 960-Section 27(3)-
Maharashtra Specified Co-operative Societies Election to Committees Rules, C 
1971-Rule 4-Co-operative Society invested its funds in shares of federal 
society on 30.12.02 and on the same day enrolled as member-Election of 
office bearers of federal society due to be held in 2006-Member of co-
operative society-Voting power-Held: In terms of section 27(3), co-
operative society having completed three years from date of its investment in D 
federal society, is entitled to appoint one of its members to vote on its behalf 
in affairs of federal society-As per Rule 4, having completed minimum 
period of 2 years as member from date of enrollment before the year preceding 
the election, the member is eligible to be included in the provisional list of 
voters. 
Appellant-society invested its fund in the shares of a federal society-
respondent No. 2 on 30.12.2002. It enrolled as a member of the federal society 
with effect from that very date. Election of the office bearers of the federal 
society was due to be held in April, 2006. The name of the appellant society 
was not included in the provisional list of voters. District Collector held that 
the appellant-society was not eligible to vote in the election due to be held. 
Aggrieved appellant society filed writ petition which was dismissed. Hence 
the present appeal. 
Allowing the appeals, the Court 
E 
F 
HELD: I. On a mere reading of Section 27 of the Maharashtra G 
Cooperative Societies Act, 1960 and Rule 4 of the Maharashtra Specified Co-
operative Societies Election to Committees Rules, 1971, it is clear that the 
appellant society is eligible to vote under section 27(3) and its name must 
also be included in the _provisional list of voters prepared in accordance with 
729 
H 
730 
SUPREME COURT REPORTS [2006] SUPP. I S.C.R. 
A Rule 4. (736-B-C) 
2.1. A mere reading of Section 27 makes it explicit that a society, which 
has invested any part of its fund in the shares of a federal society, may appoint 
one of its members to vote on its behalf in the affairs of the federal society. 
Proviso to sub-Section (3) of Section 27 of the Act lays down the condition of 
B eligibility which is to the effect that any new member of a federal society shall 
be eligible to vote in the affairs of the federal society only after the completion 
of the period of 3 years from the date of its investing any part of its fund in 
the shares of such federal society. The period of 3 years is reckoned from 
the date of the society investing any part of its fund in the shares of a federal 
C society. Sub-Section (3A) of Section 27 of the Act provides that an individual 
member of a society shall not be eligible for voting in the affairs of that society 
for a period of two years from the date of his enrollment as a member of such 
society. The period of 2 years shall be computed from the date of enrollment 
of an individual as a member of such federal society. (733-F-H; 734-A( 
O 
2.2. Appellant society invested its fund in the shares of respondent No. 
2 on 30.12.2002. The date of investment by the appellant society and its 
enrollment as a member of the federal society is the same, namely, 30.12.2002. 
Ex facie, therefore, in terms of Section 27(3) of the Act, in April, 2006 when 
the election was due to be held, the appellant society was entitled to appoint 
one of its members to vote on its behalf in the affairs of the federal society-
E respondent No. 2, having completed the period of 3 years from the date of its 
investment in shares of respondent No. 2 society on 30.12.2005. (734-8-CJ 
2.3. Rule 4 of the Rules provides for the preparation of the provisional 
list of voters. The provisional list is required to be prepared by every specified 
F cooperative society for the year in which general election is due to be held. 
According to Rule 4 persons who have completed a minimum period of2 years 
as member from the date of their enrollment before 30th June of the year 
immediately preceding the year in which such election is due, shall be included 
in the said provisional list. The appellant society was enrolled as a member 
on 30.12.2002. It completed minimum period of2 years as a member of such 
G society as on 30.6.2005, since the election was scheduled to be held in Apri

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