LAWS(BOM)-2012-2-197

SURESH ANANDRAO CHOUDHARI Vs. STATE OF MAHARASHTRA

Decided On February 28, 2012
Suresh Anandrao Choudhari Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD finally. Rule, made returnable forthwith.

(2.) MR .Deelip Bankar Patil, learned Counsel argued the matter for the petitioners. Mr. S.S. Chaudhari, learned Counsel for the contesting respondents has covered the defense submissions as he was holding for learned Counsel for other respondents in respective writ petitions. Mr. V.H.Dighe, learned AGP, argued for respondent nos. 1 to 3.

(3.) ELECTIONS to respondent No.4 Sharad Sahakari Sakhar Karkhana Ltd. (for short, "Karkhana") were declared for electing its Directors by virtue of declaration dated 30th Nov.,2009, through the Collector, Aurangabad. The nomination forms were to be filled in up to 7.12.2009, the scrutiny and legality thereof was fixed on 9th Dec.,2009 and 10th Dec., 2009. The final list of candidates was to be published on 20th Dec., 2009. The elections were to be held on 12th Jan.,2010. The Returning Officer, in terms of Rule 13 declared elections to the 17 posts of Directors, unopposed, by declaration dated 28.12.2009, however, it was clarified that such unopposed declaration of the returned candidates (respondents in respective writ petitions) is subject to outcome of the present writ petitions and orders of this Court dated 26.12.2009.