VITHALRAO RAJARAM KHARADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) UNDER bye-law 28 of the respondent No. 7 sakhar Karkhana, the Director i f Sugar and Additional Registrar, Co-operative Societies has been given the power to appoint the first nominated Board of the respondent No. 7 for a period of three years. The Director of Sugar and Additional Registrar of the Co-operative Societies has power under the said bye-law to extend the period of this nominated Board up to 5 years. This nominated Board has to be constituted in accordance with bye-law 27. Accordingly by an order dated 16th September, 1988 the first nominated board of the Respondent No. 7 Karkhana was constituted. It consisted of 13 perions whose names are set out in the order. Although bye-law 28 gives a term of 3 years to this nominated Board the order stated that the Board was constituted for a period of one year, that is to say, up to 16th September, 1989.

(2.) THEREAFTER persuant to a letter dated 6th January, 1990 received from the Chairman of the nominated Board the composition of this nominated board was sought to be changed by an order of 8th March, 1990. Bye-law 28 gives to the Director of Sugar and Additional Registrar, Co-operative Societies the power to change the composition of the nominated Board. As per the order of 8th March, 1990, the names of four persons from the first nominated Board were deleted and names of nine persons were sought to be added for the first time to the nominated Board, thus constituting a Board with a total number of 18 persons. It is the case of respondent Nos. 1 and 2 that they realised the mistake committed by them in omitting the names of four persons from the nominated Board, and changing the composition of the board and accordingly they cancelled the order of 8th March, 1990 by another order of 2ist March, 1990. This cancellation was challenged in this court in Writ Petition No. 1498 of 1990. A Division Bench of this Court, by an order dated 23rd August, 1990, permitted the Board of 18 members constituted as per the second order of 8th of March, 1990, to continue till the Government appoints a fresh board by giving a reasoned order.

(3.) ACCORDINGLY a reasoned order has been passed on 19th November 1990 by which the original Board of 13 directors, as constituted under the order of 16th September, 1988 has been restored. The term of the Board under the new order expires on 15th September, 1991, that is to say, at the end of 3 years from the original appointment of 16th September, 1988. This is in accprdance with bye-law 28. In the reasons which are set out in this order, it it stated that the deletion of the names of four persons who were originally a part of the nominated Board was not justified looking to their contribution is collecting funds for starting the new Karkhana. He need not examine these reasons in detail.