RAJAN DINKARRAO PHARATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) : Rule. Parties by counsel. By consent, this batch of six writ petitions is heard finally at this stage.

(2.) EXCLUSION of more than 10,400 members out of total 10,687 members as voters for the election of Committee (Board of Directors) of Respondent shriram Sahakari Sakhar Karkhana Limited by the collector, Satara vide its order dated 18-9-1996 is the core issue. In the counter to the core issue is the issue regarding the maintainability of these writ petitions.

(3.) SHRIRAM Sahakari Sakhar Karkhana Limited (for short, Shriram Karkhana ) Respondent No. 8 in writ petition 4961/96 and Respondent No. 7 in other writ petitions is a specified society under section 73g of Maharashtra Co-operative Societies act, 1960 (for short Act of I960 ). The said shriram Karkhana has set up a sugar factory in phaltan taluka, District Satara with crushing capacity of 2000 metric tonnes per day. It is also a processing society. The election to the committee (Board of Directors) of Shriram Karkhana is required to be held by the Collector of Satara under section 73g and Chapter-XIA of the Co-operative Societies Act. The last election to the board of Directors was held in the year 1991 and it was elected on 8th March, 1991 for a duration of 5 years. Ordinarily the Collector, Satara ought to have held elections to the Board of Directors of Shriram Karkhana before 8th March, 1996, but it was not done and on the matter being taken to this court the Collector was directed to hold elections to the Board of Directors as expeditiously as possible. The Collector, Satara declared election programme for preparation of voters list under rule 4 of the Maharashtra Specified Co-operative societies Elections to Committee Rules, 1971 (for short, Rules of 1971 ) in the first week of June, 1996 and the said programme was modified on 25th june, 1996. According to the modified programme, published by the Collector, the final voters list was to be published by 11th July, 1996. After the provisional list was declared somewhere in the month of June, 1996, the objections were invited and entertained and an order came to be passed by the Collector on 5th July, 1996. It appears that on 20th July, 1996 two writ petitions came to be filed by some members of Shriram Karkhana before this Court challenging the voters list and also order of Collector dated 5-7-1996. The said writ petitions were registered as writ petition Nos. 3038/96 and 3640/96 and were dismissed as withdrawn. Another writ petition No. 3922 of 1996 by another member was also dismissed by this Court on 1-8-1996. The Collector published the final voters list under Rule 6 (4) on 2-8-1996 whereby only 266 members were shown as voters out of total number of 10,687 members. After order was passed by the Collector on 2-8-1996, another writ petition No. 4543/96 came to be filed before this court. It was common ground of the learned counsel or the parties in the said writ petition that excluded members had made applications under Rule 6 (5) and the said applications were pending consideration by Collector under Rule 6 (6) and 6 (7) of the Rules of 1971. Accordingly that writ petition was disposed of by me on 6-9-1996 directing the Collector to dispose of the applications made by the members under sub-rule (5) of rule 6 of Rules 1971 in accordance with law uninfluenced by his previous order dated 5-7-1996. On 18-9-1996, the Collector, Satara dismissed all applications except five and accordingly out of 10,687 members of the said co-operative society only 271 members find their names in the final voters list.