VINOD KRUSHNARAOJI WANKHEDE Vs. COLLECTOR

JUDGEMENT

(1.) By this writ petition under Articles 226 and 227 of the constitution of India, the petitioners have challenged the order dated 10th June, 2006 passed by the Election Officer for the purpose of holding Election of Specified Society (respondent No. 3) , rejecting their objection to the nomination form of respondent No. 2 and accepting the same. This Court has on 3rd July, 2006 issued Rule in the matter and also granted interim relief, whereby the order of Election Officer accepting the nomination paper was stayed. The result of the election was made subject to the result of the Petition. This order was challenged by the respondent No. 2 in Letters Patent Appeal no. 109/2006, and the Hon'ble Division bench has on 27th July, 2006 while setting aside the impugned order by consent of the parties continued its interim order and matter has been remanded back to decide the writ Petition afresh, ignoring one affidavit filed by the respondent No. 2 before this court. The order dated 13th July, 2006 by which the Election Officer was directed not to declare the result of Election passed in letters Patent Appeal has been directed to remain in operation till the matter is decided finally by this Court. The learned Single judge has been requested to dispose of the writ Petition as early as possible.

(2.) Civil Application No. 4777 of 2006, filed by the respondent No. 2 for directing the respondent No. 1 Collector to complete the process of counting of votes and also Civil application No. 4977 of 2006, filed by the petitioners seeking permission to place on record additional documents are found pending. Advocate Gordey, states that as the writ petition is being taken up for final hearing, Civil application No. 4777 of 2006 becomes infructuous. He further states that the documents along with Civil Application No. 4977 of 2006, may be considered by this Court. Accordingly Civil Application No. 4777 of 2006 is disposed of as infructuous, while Civil application No. 4977 of 2006, is allowed.

(3.) The respondent No. 3 - Mahatama sahakari Sakhar Karkhana Maryadit, Jamni is admittedly a Specified Cooperative Society within the meaning of section 73-G of the maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as the MCS Act' for short). The Election of Board of Directors of respondent No. 3 are to be conducted by the respondent No. 1 Collector. The present Elections are for the period from 2006 to 2011. The Election program has been published on 3rd June, 2006. Total 17 posts of Directors are to be filled in through this Election. The voters list for the said purpose was finally published on 18th April, 2006.