Shri Kashik Jama Abdul Gaffar vs Hon’Ble Collector on 11 August, 2011

Bombay High Court
Shri Kashik Jama Abdul Gaffar vs Hon’Ble Collector on 11 August, 2011
Bench: R. M. Savant
                                    1

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                    
                  NAGPUR BENCH : NAGPUR




                                            
               WRIT PETITION NO.3906 OF 2011




                                           
    Adiwasi Seva Sahakari Sanstha,
    Halda, Registration No.1425,
    PO : Paras Tola, Taluka :




                                    
    Arjuni Mor, District Gondia,
    through its Representative
                   
    Shri Kashik Jama Abdul Gaffar
    Qureshi, resident of Junewani,
    PO : Parastola, District Gondia. ...                   Petitioner
                  
            - Versus -

    1) Hon'ble Collector, Gondia,
      

       District Gondia.
   



    2) The Gondia District Central
       Cooperative Bank Limited,
       Gondia, through its Chief
       Executive Officer.          ...               Respondents





                       -----------------
    Shri S.K. Tambde, Advocate for the petitioner.
    Shri P.V. Bhoyar, Assistant Government Pleader for the





    respondent no.1.
    Shri M.V. Samarth, Advocate for the respondent no.2.
                       ----------------

                                 CORAM :    R.M. SAVANT, J.

DATED : AUGUST 11, 2011

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ORAL JUDGMENT :

Rule, with the consent of the learned Counsel

for the parties made returnable forthwith and heard.

2) The above petition takes exception to the

order dated 2/8/2011 passed by the Collector, Gondia

whereby the Application of the petitioner Society for

inclusion of the name of its delegate in the voters’ list

for participating in the elections to the Board of

Directors of the Gondia District Central Cooperative

Bank Ltd. came to be rejected.

3) In terms of the election programme for the

said elections, the provisional list of voters was

published on 18/5/2011. The petitioner Society is one

of the Primary Societies, which is entitled to participate

in the elections to the Board of Directors of the said

Bank. In the provisional list of voters, against the

name of the petitioner, there was a blank, thereby

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indicating that there was no delegate insofar as

petitioner was concerned. The petitioner took an

objection insofar as non-inclusion of its delegate is

concerned by its letter dated 8/7/2011 forwarding

therewith the Resolution passed by the petitioner

Society on 7/7/2011 and thereby indicating that one

Kashif Jama Abdul Gaffur Qureshi is its delegate and

that his name should be included in the final list of

voters. The said Application of the petitioner came to

be rejected by the Collector by the impugned order

dated 2/8/2011 on the ground that in terms of

Rule 6(5) of the Maharashtra Specified Cooperative

Societies Elections to Committees Rules, 1971, the

name of the delegate in Form 1A was to be furnished

by 29/6/2011 and that having not been done by the

petitioner, the name of its representative could not be

included.

4) Insofar as the petitioner is concerned, there is

no dispute that it has passed a Resolution on 7/7/2011

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in favour of said Kashif Jama Abdul Gaffur Qureshi to

be its delegate in the elections to the Board of

Directors of the Gondia District Central Cooperative

Bank Ltd. The question is whether the name of the

petitioner’s delegate can now be included in view of

the fact that final voters’ list has been published on

5/8/2011. In that regard, it would be relevant to advert

to sub-rules (5), (6), (7) of Rule 6 of the said Rules.

Sub-rule 5 postulates that any person, who is desirous

of being registered as a voter, may apply in writing to

the Collector in Form I-A within a period of fifteen days

from the date of display of final list of voters under

Rule 7. Sub-rule (6) contemplates that every such

application received by the Collector shall be

forwarded by him within three days of the date of

receipt by him to the District Deputy Registrar for

enquiry. The District Deputy Registrar thereafter shall

cause an enquiry to be made into such application and

submit a report to the Collector within seven days from

the date of receipt of application by him from the

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Collector. Sub-rule (7) inter alia contemplates that the

Collector shall after considering the application and

the report of the District Deputy Registrar, give his

decision in writing to the persons concerned before the

first date fixed for making nominations. If the Collector

decides that the name of the applicant should be

registered as a voter, he shall accordingly modify the

list finalized under sub-rule (4) and the list so

modified, shall be treated as final list of voters.

Hence, it is not as if the Collector is powerless after the

final list of voters has been published.

5) In the instant case, as mentioned

hereinabove, there is a blank appearing insofar as

petitioner is concerned, thereby meaning that there is

no delegate of the petitioner, who can participate in

the elections of the Gondia District Central Cooperative

Bank Ltd. The rejection of the petitioner’s objection

has taken place much prior to the finalization of the

voters’ list on 5/8/2011, i.e. by the impugned order

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dated 2/8/2011. It is also pertinent to note that under

Rule 5 of the said Rules, even the delegate can be

changed in terms of the said Rule, which is not later

than seven days before the date appointed by the

Collector under Rule 16 of the said Rules for making

nominations. In the instant case, as the impugned

order discloses, the objection of the petitioner has

been rejected on the ground that the nomination of the

said delegate of the petitioner has not been furnished

in Form I-A. In my view, the same would be taking a

hyper-technical view of the matter as the petitioner

had made an application on 8/7/2011 along with

Resolution passed on 7/7/2011, and the question

therefore ought to have been of substance rather than

of form. The instant case is also not a case where two

persons are vying to be the delegate of the petitioner

Society for participating in the elections. In my view,

therefore, the petitioner cannot be left out of the arena

insofar as the said elections to the Board of Directors

of the Gondia District Central Cooperative Bank

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Limited are concerned.

6) Since the elections are at the stage wherein

nominations are presently being filed and the last date

for the same being 16/8/2011, without so disturbing

the election process, it would be just and proper to

allow the petitioner
ig to send its delegate for

participation in the elections to the Board of Directors

of the Gondia District Central Cooperative Bank Ltd.

Learned Counsel appearing for the respondent no.2

Bank Shri Samarth fairly states that non-inclusion of

the name of the representative of the petitioner does

not appear to be justifiable in the context of the

material on record. The learned Assistant Government

Pleader though opposes the petition, the said

opposition in the teeth of the aforesaid facts is without

substance.

7) In that view of the matter, the impugned

order dated 2/8/2011 passed by the Collector is

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quashed and set aside and the Collector is directed to

include the name of the petitioner’s delegate Kashif

Jama Abdul Gaffur Qureshi in the final list of voters.

8) Rule is accordingly made absolute in the

aforesaid terms with parties to bear their respective

costs.

The learned Assistant Government Pleader to

communicate the aforesaid development to the

Collector with expeditious despatch.

Issuance of certified copy is expedited.

JUDGE

khj

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