KISHOR GANGADHAR PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The three writ petitions revolve around the elections to the Managing Committee of Ashok Nagar Sahakari Sakhar Karkhana, Tq. Shrirampur, Dist. Ahmednagar and since the petitions raise a common challenge to the impugned orders, the learned Counsel are permitted to advance their arguments collectively and the three writ petitions are heard and disposed of by a common judgment.

(2.) The last election to the Managing Committee of the respondent No. 5 - Ashok Nagar Sahakari Sakhar Karkhana (hereinafter referred to as "Karkhana") for the term 2015-16 to 2019-20 was held in the year 2015 and on the expiry of it's term of 5 years, the elections were due, however, on account of the Covid-19 pandemic, they could not be held in time, though the term of the Managing Committee expired on 05/03/2020. On account of the wide spread of the pandemic, the State Government had took a decision to postpone the elections of all the Co-operative Societies in the State by issuing an order on 18/03/2020, by invoking the provisions of the Epidemic Diseases Act 1897, however, there was no extension granted to the term of the Managing Committee.

(3.) The three petitioners, in the three writ petitions are agriculturists by profession and are members of the sugar factory, with their names included in the voter list prepared by the Election Officer, for the purpose of elections of the Managing Committee of the Karkhana. On the elections programme being declared, since the petitioners were desirous of contesting the elections, as per the programme notified by the respondent No. 4, they filed their nomination papers from the reserved category; petitioners in Writ Petition Nos. 14991/2021 and 14998/2021 from Other Backward Class category and in Writ Petition No. 14993/2021 from Scheduled Castes category.