SAHEBRAO KACHARU PATIL Vs. COLLECTOR AURANGABAD

JUDGEMENT

(1.) Petitioners are three of the members of the Board of Directors of the Gangapur Sahakari Sakhar Karkhana Ltd., Gangapur. which is a co-operative society registered under Section 2 (27) of the Maharashtra Co-operative Societies Act, 1960 (Act No. XXIV of 1961) (hereinafter referred to as "the said Act"). It is running a sugar factory in Gangapur Taluka and includes some 224 villages for the Co-operative jurisdiction of the said society.

(2.) The said Karkhana is also a specified co-operative society within the meaning of Section 73C read with Section 144-A (2) (c) of the said Act. It is undisputed in this case that the term of the former Board of Directors expired on 29th of October 1977 and in the year 1983, after the expiry of the said term, the elections for the new Board of Directors were to be held. The Collector of Aurangabad, following the provisions of rules contained in the Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971 (hereinafter referred to as "the said Rules"), published the election programme on 12th of January 1985. He appointed 27th day of January 1083 as the date for acceptance of nominations. He also appointed other dates for scrutiny and publication of the results. 4th day of Pabruary 1983 was the date fixed for publishing the final list of contesting candidates and voting was to be scheduled on 19th of February 1983 between 8 a. m. and 5 p. m. The Collector started the election machinery after taking steps in accordance with the relevant rules of the said Rules. It is undisputed that the said society's elections are governed by these, Rules.

(3.) After the announcement of the election programffie, it appears, on 20th of January 1983, a telegram, which is annexed to the petition as Exhibit 'C', was received by the Collector, Aurangabad, which is as follows : "Gangapur Sakhar Karkhana Election may be stayed. (DALVI) Dy. Secretary, Co-operative."