ASHOK MAHARU THAKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocates for the parties. Perused the records. Rule. By consent, rule made returnable forthwith.

(2.) THE petitioners challenge the order dated 30th July, 2001 passed by the respondent No. 5 Divisional Deputy Registrar, Co-operative Societies (Dairy), Nashik Division, Nashik whereby an administrator has been appointed for the management of the respondent No. 8.

(3.) THE facts in brief, relevant for the decision are that the last elections for the Managing Committee of the respondent No. 8 were held in the year, 1994 and the petitioners were elected as members of the Managing Committee and they assumed their office on 12th April, 1994. The term of the elected committee of the respondent No. 8 was to expire on 11th April, 1999. Prior to the expiry of the said term, the petitioners by letter dated 15th February, 1999 brought the said fact to the notice of the respondent No. 5 herein so that the necessary steps be taken for holding fresh elections for the Managing Committee of the respondent No. 8. Pursuant thereto, by letter dated 23rd February, 1999, the respondent No. 5 intimated the respondent No. 7 to hold elections for the Managing Committee of the respondent No. 8 as the respondent No. 7 being the Collector is the authority for holding such elections under the Maharashtra Co-operative Societies Act, 1960 (hereinafter called as "the said Act" ). The respondent No. 7 on his part accordingly, prepared the election programme. However, the elections could not be held as the Government of Maharashtra postponed the elections of all the Co-operative Societies in the State of Maharashtra till 30th September, 1999. Meanwhile, the Government of Maharashtra also issued notification dated 9th July, 1999 classifying the class of dairy societies for the purpose of holding elections either by the Collector or by Co-operative Department. However, the said notification was withdrawn by another notification dated 18th November, 1999 and it was decided to hold the elections of dairy societies through the Collector. Accordingly, the Collector again prepared the election programme for elections for the Managing Committee of the respondent No. 8 by issuing notification dated 10th April, 2000 and the voters list was finalised on 16th June, 2000. However, again the Government by notification dated 19th June, 2000 postponed the elections of the Co-operative Societies in the State till 30th September, 2000 on account of rainy season. The elections were further postponed by the Government of Maharashtra by notification dated 5th September, 2000 on account of census work. Thereafter, the Collector, by letter dated 22nd May, 2001, asked the respondent No. 8 to deposit a sum of Rs. 25,000/- initially and to make arrangement for further expenses for holding the elections. The respondent No. 8 along with letter dated 8th June, 2001 deposited a sum of Rs. 15,000/- with the Collector respondent No. 7. The respondent No. 7 prepared the election programme by issuing notification dated 4th June, 2001 and accordingly, the voters list was to be finalised by 14th August, 2001. However, the elections were again postponed by the Government of Maharashtra till September, 2001 on account of rainy season. Meanwhile, the respondent No. 5 issued notice dated 23-5-2001 to the Chairman of the respondent No. 8 with a direction to publish the same disclosing the intention to take action in terms of the provisions contained in section 77-A of the said Act and in fact, by order dated 30th July, 2001, appointed the administrator for the management of the respondent No. 8, and accordingly the administrator started functioning from 1-8-2001.