ABHAY BABURAO BARGALE Vs. BANDOPANT TATOBA KOLHAPURE

JUDGEMENT

(1.) BOTH these Petitions, although at the stage of admission, can be disposed of by a common Judgment.

(2.) ON 17th June 1988 and on 29th June 1988 two Resolutions were passed by the Managing Committee of the Kolhapur Zilha Shetkari Vinkari sahakari Soot Girani Limited, Respondents No 2 (original Opponents No. 1)in Writ Petition No 458 of 1990 and Petitioners in Writ Petition No. 541 of 1990 (hereinafter referred to as "the Oirani", for the sake of brevity), enrolling 561 grower members, 51 weaver members and 12 Society members (on 17th June) and 2,255 grower members, 191 weaver members and 11 society members (on 29th June ).

(3.) ON 25th January 1989 Dispute No. 54 of 1989 was filed before the co-operative Court at Kolhapur challenging the enrolment of these new members as per the June Resolutions. In February 1989 the application for interim relief was rejected by the Co-operative Judge, but in March, 1989 the Qirani was restrained by the Co-operative Appellate Court from giving effect to the impugned Resolutions passed in June 1988. A Writ Petition was then filed by the Oirani impugning this Order. A Writ Petition was also filed by other parties, some of whom also were the Petitioners in Writ petition No. 458 of 1990. In these Writ Petitions a Court Commissioner was appointed by the High Court for inspecting the records and in April 1989 the said Commissioner submitted his report. In between, the Collector proceeded with the election programme, which was challenged in yet another Writ Petition, viz. Writ Petition No. 2608 of 1989. In this matter in June 1989 the High Court stayed the election programme. A Special leave Petition was filed from the Orders of the Higb Court, and Hon'ble the Supreme Court directed that the main Dispute be disposed of within two months of the date of the Order of the Supreme Court. This was in s. L. P. (Civil) No. 8530 of 1989.