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2001 (3) TMI 976 - SC - Indian LawsWhether names of the societies and individuals who were already admitted as members before coming into force of the said Act, that is, before the 23rd August, 2000, could be included in the voters list? Held that:- The requirement of the completion of the period of three years from the date of its investing any part of its fund in the shares of such federal society would apply only to those societies which became member society of the federal society after 20th August, 2000. In this view of the matter, the impugned judgment of the High Court does not suffer from any infirmity. Even if there remained any doubt in the matter of interpreting the proviso, the Ordinance that has been promulgated on 27th February, 2001, called the Maharashtra Ordinance No. X of 2001, after the first proviso to sub-section (3), a second proviso had been inserted, has removed any doubt or controversy in as much as it has been indicated therein that the first proviso will not apply to the member society which has invested any part of its fund in the share of the federal society before the commencement of the Maharashtra Co-operative Societies (Amendment) Act, 2000 dated 20th August, 2000. The aforesaid Ordinance also has been given a retrospective effect, to be effective from 23rd August, 2000. The Ordinance having been held to be valid by us as stated above, the so-called prohibition contained in the first proviso to sub-section (3) of Section 27 will not apply to all those societies which have already become members of the federal society prior to 23rd August, 2000. On the wake of the aforesaid the Appeal thus fails: Each party, however, to pay and bear its own costs.
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