ANANDRAO YASHWANTRAO NALAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed seeking a writ of mandamus against the State of Maharashtra and its officers (and particulars against commissioner for Sugar) to either appoint an Administrator or a Board of administrators to respondent No. 5-Sugar Co-operative factory situated at sangli, of which respondent Nos. 6 to 20 are its Directors. The prayer is made since elections to respondent No. 5-Sugar Co-operative factory are not being held although the statutory period of 5 years is over long back. The petitioners are the members of respondent No. 5-Sugar Co-operative factory. The interim prayer is also to the same effect. The State of Maharashtra, Secretary, Co-operatives, commissioner for Sugar and Collector of Sangli, are respondent nos. 1 to 4, respectively. The Commissioner for Sugar is also the Registrar in sugar Co-operatives under the Maharashtra Co-operative Societies Act, 1960.

(2.) LOOKING to the prayers in this petition, we were of the view that the petition should be disposed of at the admission stage itself inasmuch as any interim order would almost amount to allowing the petition and, therefore, a notice was given recording that, if possible, the petition will be heard finally at the admission stage.

(3.) A reply has been filed on behalf of respondent No. 5 one Mr. Vikramsingh sarnobat, its incharge Managing Director, to which the 1st petitioner has filed a rejoinder. One more affidavit is filed by one Mr. Vasant Kumbhar, assistant Legal Officer of respondent No. 5. An affidavit is filed by one Mr. S. A. Thorat, Regional Joint Director, Sugar, Kolhapur on behalf of respondent nos. 1 to 3 and one more by one Mr. M. G. Gadhve for Commissioner for sugar, respondent No. 3.