ARVIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD forthwith.

(2.) IN this petition under Article 226 of the Constitution of India, the petitioner Arvind s/o. Laxmanrao Kasture the President of Jalgaon Tahsil sale and Purchase Co-operative Society, challenged the order dated 30th september, 1995 passed by the Respondent No. 2. The Assistant Registrar, co-operative Societies, Jalgaon Jamod, Tah : Jalgaon Jamod, District buldhana superseding the Managing Committee of Jalgaon Jamod Taluka sale Purchase Society, Jalgaon Jamod and appointing the Administrator thereon. On behalf of the respondent No. 2. The Assistant Registrar, Cooperative Societies, Jalgaon Jamod, the submissions are filed on record,

(3.) SHRI Parsodkar, the learned counsel for the petitioner strenuously submitted that the society had already started the process of election by preparing the voter list. Invited objections and considering the objections, the final list was published on 12-6-1995. While the process was on, on 24th May, 1995 a telegram was issued by the Deputy Secretary to the Government of Maharashtra, Co-operation and Textile Department, Mantralaya, bombay-32 to All Collectors, All Divisional Commissioners. The Commissioner for Co-operation and Registrar of Co-operative Societies, Maharashtra state, Pune, All Divisional Joint Registrars Co-operative Societies, All district Deputy Registrars Co-operative Societies, to stay all the elections of all casses of Co-operative Societies, except of those societies who have started the process of election from the stage of nomination. According to this communication the elections were to be postponed till 30th September, 1995. The contents of the Telegram are reproduced herein which are as under :