- (1.)RULE. Heard with consent.
(2.)BY this petition filed under Article 226 of the Constitution of India, the petitioner Smt. Kamlabai Dhote has sought a writ, order or direction quashing and setting aside the order dated 9-11-1993 at Annexure-A passed by the Collector, Wardha-Respondent No. 3 and also the election programme dated 24-1-1994 and 17-2-1994 of the Society-Respondent no. 4. The election programme was initiated by the Collector, Wardha-the Competent Authority under the Maharashtra Co-operative Societies Act 1960, for short the 'act' and the Maharashtra Specified Co-operative societies (Election to Committees) Rules, 1971, for short the 'rules'.
(3.)IN this petition, the election process is challenged raising three fold issues, viz - (i) It is wrongly construed that those who were members as on 30th june, 1993 of the year immediately preceding the year in which the election was due would be included in the provisional list of voters. It is contrary to Rule No. 4 of the Election Rules, 1971. (ii) Allotment of one seat to Karanja and Ashti Taluka is contrary to Bye-law No. 39 of the Respondent No. 4 Society, and (iii) Deletion or non-inclusion of the names of petitioner and qua other members is illegal which vitiates the entire election process because the members have been deprived of their rights to contest and to exercise their right of vote.