EKNATH ASHIRAM ALEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WRIT Petition No. 2187 of 1988 is filed by 870 petitioners, who claim to be sugar-cane growers within the area of operation and also within the reserved zone for supply of sugar cane to Respondent No. 3-Shrigonda Sahakari Sakhar Karkhana. Ltd. hereinafter called "sugar factory". Writ petition No. 417 of 1989 is filed by the 9 petitioners, who are all Directors of the said factory. As the questions involved and raised in both these petitions were almost identical and co-related, heard both these petitions together.

(2.) THE substantial questions, which are agitated in these two petitions, are that the membership is granted by Respondent No. 5, who is chairman of the sugar factory, on one single day, i. e. on 30th June, 1988, when all the applications of as many as 3,387 persons were rushed through for the grant of membership. The petitioners contended that the membership is conferred in these 3,387 persons without following procedure prescribed by the Maharashtra Co-operative Societies Act, 1960; the Maharashtra Co-operative Societies Rules, 1961 and the Bye-laws of the sugar factory framed under the Act and Rules. It is further contended that the membership is granted to these 3,387 persons as they are politically friendly to Respondent No. 5 the present Chairman of the sugar factory.

(3.) THE other contention raised in the petitions that as the term of the Board of Directors of the sugar factory was to expire, the membership is conferred on 30-6-1988 on 3,387 persons hurriedly, so that their names could be enrolled in the list of voters for the ensuing election to the Board of Director. According to them, the inclusion of the names of these persons is illegal and is also violative of the principles of natural justice.