LAWS(BOM)-2003-12-34

DEEPAK SHRIRAM TIRKE Vs. STATE OF MAHARASHTRA

Decided On December 18, 2003
DEEPAK SHRIRAM TIRKE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE present petition has been filed by the petitioner, praying for a writ of mandamus, to declare the election programme dated 11. 3. 2002, published by the Collector, Washim for the election to the Managing Committee of Shri Balaji Sahakari Sut Girni Maryadit, Risod, to be illegal and bad in law, being violative of statutory mandate of s. 73-B of the Maharashtra Cooperative Societies Act (hereinafter referred as the "said Act" ). The petitioner further prays for a direction to the Collector, Washim, to hold the elections afresh by including four additional seats as prescribed thereunder.

(2.) THE facts, in brief, giving rise to the filing of the present petition are as under.

(3.) THE tenure of the nominated board of the respondent No. 4, Shri balaji Sahakari Sut Girni Maryadit, Risod (hereinafter referred to as the "said Society") came to an end on 24. 3. 2001. It appears that, there was certain litigation in this Court, with regard to appointment of an administrator, on the ground that the tenure of the nominated board of directors had expired. It further appears that the Joint Registrar, Co-operative societies, by order dated 16. 10. 2001, appointed District Deputy Registrar as an administrator of the society, as per the directions issued by the State government on 10. 11. 2001.