CHANGDEO MAHADEO KHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY the above Writ Petitions, the Petitioners interalia seek to challenge the appointment of Respondent no. 26 and Respondent no. 27 (in Writ Petition No. 385 of 1994) as Chairman and Vice-Chairman of Sangola Taluka Sahakari Sakhar Karkhana Limited situated as Waki, tal. Sangola, Dist Solapur. Both the Writ Petitions involve common questions of facts and of law and therefore they are disposed of by this camon on order.

(2.) FOR the sake of convenience the facts of Writ Petition No. 385 of 1994 are reproduced here in below :

(3.) THE only submission advanced by Mr C. J. Sawant, learned counsel appearing on behalf of the petitioners in the present case is that the said election of Respondent no. 26 and Respondent no. 27 as Chairman and Vice chairman on 10th January 1994 was contrary to the provision of Rules 59 of the Maharashtra Co-operative Societies Rules 1961 read with bye-law no. 28 of the Society as there is no provision for holding such election. According to Mr. C. J. Sawant a bare reading of bye-law no. 28 shows that it provides only for appointment of provisional Board of Directors by the Commissioner of Sugar including appointments of Chairman and Vice chairman. At this stage, it may be mentioned that the learned Additional government Pleader, after taking instructions, has stated that Respondent no. 26 and Respondent no 27 in Writ Petition No. 385 of 1994 who have been duly elected on 10th January 1994 are being appointed as Chairman and Vice Chairman by the Commissoner of Sugar and orders in that regard are being issued.