- (1.) Leave granted.
(2.) The present appeal arises out of an order dated July 13,2005 passed by the High court of Bombay in Writ Petition no. 4291 of 2005. By the said order, the High Court was pleased to dismiss the petition filed by the appellant herein.
(3.) To appreciate the controversy raised in the present appeal, relevant facts in brief may be stated. "There is a specified Society, namely, aurangabad Zilla Sahakari Doodh Utpadak sangh Ltd. , Aurangabad, respondent no. 6 herein ('sangh1 for short) , registered under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the act"). The Managing Committee of the sangh consists of several members and the appellant as also respondent no. 7 are elected members of the Committee. On april 5, 2005, the process for election of respondent no. 3 Maharashtra Rajya sahakari Doodh Maha Sangh Marvadit, mumbai ("maha Sangh" for short) started. The Maha Sangh directed the Sangh to send the name of its delegate on or before april 16, 2005. On April 7, 2005, the Sangh called a meeting of the Managing Committee by issuing an agenda. The meeting was scheduled to be held on April 15,2005. The agenda contained only one subject regarding discussion of letter dated April 5,2005 received from the Maha Sangh. In the said meeting a unanimous decision was taken to send the name of respondent no. 7 as the delegate of the Sangh. On May 19,2005, the Maha Sangh sent a telegram to the Sangh directing it to send the name of its representative afresh in the light of amended bye-laws. The Sangh, therefore convened a meeting on May 24, 2005 to discuss the matter. A decision was again taken to send the name of respondent no. 7 subject to the confirmation of the decision in the subsequent meeting. On May 30, 2005, the Collector published the programme of various stages upto finalization of the voters' list in accordance with the provisions of the Maharashtra Specified Co-operative Societies Election to committee Rules, 1971 (hereinafter referred to as "the Rules"). As per that programme, any objection for inclusion of names in the voters' list must be taken before June 10, 2005. It was mentioned that if the Sangh wanted to change the name of its delegate, it could do so latest by June 10, 2005. Pursuant to the said communication received from the Collector, a meeting of the Managing Committee of the sangh was convened on June 9,2005 and it was decided to send the name of the appellant as the delegate of the Sangh for the election of Maha Sangh. A resolution to that effect was passed being Resolution no. 7 which inter alia stated that earlier the name of respondent no. 7 was sent, but thereafter it was decided to send the name of the appellant. Respondent no. 7 raised a dispute before the Co-operative Court, aurangabad against the said decision which is pending. It is asserted by the appellant that the Divisional Deputy Registrar, Co-operative Societies (Dairy) , aurangabad vide his communication, dated june 18, 2005 to the Joint Registrar, Cooperative Societies (Dairy) , Mumbai informed that Resolution no. 7 had been passed by the Sangh which was 'correct'. On June 20, 2005, the Collector finalized voters' list and on June 27, 2005 the list was published. By an order dated June 28, 2005, respondent no. 2 - Collector informed the appellant that in the list of subjects of the meeting, there was no subject for changing the name of the representative of the Sangh and, therefore, the change of the representative in the meeting dated june 9, 2005 was not proper. Being aggrieved by the order, the appellant filed a writ petition which, as stated above, was dismissed by the High Court. Against the decision of the High Court, the appellant has approached this Court by filing special leave to appeal on July 21, 2005. Notice was issued by this Court on July 25, 2005. Affidavit-in-reply is filed by respondent no. 7. ";