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Showing contexts for: section 91 mcs act in Bapu Maruti Rakshe And Ors. vs State Of Maharashtra And Ors. on 14 March, 2007Matching Fragments
9. We may however note, as pointed out earlier, that the judgment in Shri Sant Sadguru Swami (supra), proceeded on the footing that the preparation of the voters list was a 'stage in the election process' considering Section 144-X of the MCS Act which is applicable to specified societies and under Rule 81(d)(iv) of the Specified Societies Rules and as an election petition was maintainable. In so far as the notified societies are concerned, the election to the societies are covered by Section 73(IC). The preparation of the voters list is under Rule 56(B) read with Rule 56(D). After the voters list is prepared, under Rule 56(J), the programme at various stages for election is provided for Section 144-X has made the preparation of the voters list for specified societies as a stage of the election process. The preparation of the voters list for specified societies is by Rule 5 of the Specified Societies Rules and Rule 7 deals with final list of voters. Rule 6 provides for the schedule for election from the date of nomination to declaration of the results. It would be clear therefore that in the case of specified societies, in view of Section 144-X the preparation of the voters list, is treated as a stage in the election process. There is no such provision in so far as the notified societies are concerned and challenge to an election is under Section 91 of the MCS Act. Thus it would be open to hold, that in the case of notified society, it would still be open to the writ Court to interfere in the preparation of the voters list, if it is prepared contrary to the provisions of the Act and Rules.