VISHWANATH BASLINGAPPA KASTURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri N. P. Patil, Advocate, for the petitioner, Shri Kadam, A. G. P. for respondents No.1, 2, 7 and8, Shri S. B. Wakure, Advocate, for respondent Nos. 3 to 5 and Shri N. B. Khandare, Advocate, for Respondent No.6.

(2.) RULE. By consent of the parties, rule made returnable forthwith.

(3.) BY the above referred order dated 18th December, 1996 passed by this Court in Writ Petition No.5248 of 1996, the present Board of Administrators of the respondent no. 6 Karkhana were directed, inter-alia, not to enrol any new members. It was further clarified that transferring shares to the heirs of the deceased members was not to be construed as enrolling new members. Shri Khandare, learned counsel appearing for respondent no. 6 Karkhana has contended that the respondent nos. 3 to 5 have been validly made members of the respondent no. 6 Karkhana and the provisional voters list published by the Collector on 26. 1. 1997 does not suffer from any infirmities. It is further contended that Chincholi (Bhuyar) Vividh Karyakari Sahakari Sanstha was holding four shares and the said society applied to the respondent no. 6 Sugar-factory for transferring three shares in favour of the respondents No.3 and 5 and these shares have been legally and validly transferred to the respondents no. 3 and 5 and that the said transfer is not in contravention of the order passed by this Court on 18th December, 1996.