UDHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. With the consent of the learned Counsel for the parties, this petition is heard finally at the stage of admission.

(2.) THIS petition under Article 226 of the Constitution of India prays for issuance of a Writ of Certiorari for quashing and setting aside the election programme dated 18.12.2006 published by the Collector, Osmanabad for holding the elections of Tuljabhavani Zilla Dudh Utpadak Va Prakriya Sangh Limited Osmanabad. Subsequently, the petitioner has amended the petition and has prayed for issuance of a Writ of Certiorari for quashing and setting aside the impugned order dated 12.12.2006 passed by the Collector, Osmanabad and the consequential letter dated 12.12.2006 issued by the Divisional Deputy Registrar, Co-operative Societies (Dairy), Aurangabad.

(3.) AS per the byelaws of the said Zilla Dudh Sangh, 7 talukas were included in the jurisdiction of the said Sangh. The said seven talukas are Osmanabad, Tuljapur, Kalamb, Paranda, Omerga, Lohara and Washi. Subsequently, by an amendment to the byelaws, which were approved on 28.9.2006, Bhoom Taluka was added in the jurisdiction of Zilla Dudh Sangh. As per the byelaws, one candidate is required to be elected from each Taluka and since earlier 7 members to be elected from 7 Talukas, after the amendment to the byelaws in view of the inclusion of 8th Taluka i.e Bhoom Taluka, 8 members are required to be elected. Apart from these 8 posts, there were certain reserved seats which were available for election as per the provisions of the Maharashtra Co-operative Societies Act, 1960. The election programme came to be declared by respondent No.2 on 18.12.2006. The aforesaid election programme was only for 10 seats i.e. 7 seats to be elected from 7 talukas and one seat each for Scheduled Castes, Scheduled Tribes category and Economically Weaker Sections and Women Representative category. Upon declaration of the programme of election, the petitioner who is an agriculturist by profession and is a milk producer and member of Zilla Dudh Sangh submitted an objection on 28.11.2006 and subsequently pointed out that no seat was reserved for Bhoom Taluka and therefore requested the Collector - respondent No.2 to amend the election programme by providing one seat for Bhoom Taluka. The respondents despite objection, did not amend the election programme and consequently the petitioner was constrained to move the Collector, again by submitting an application dated 19.12.2006 pointing out to him the error which had been committed in declaring the election programme and consequential grave and irreparable injury which would be caused to the petitioner. The petitioner accordingly filed this petition seeking for the aforesaid reliefs.