Prakash Marotirao Shere Vs. State of Maharashtra and Ors.
EmailAppeal: Civil Appeal No.11532 Of 1995
(Arising out of SLP (C) No.16258 of 1995)
(Arising out of SLP (C) No.16258 of 1995)
Petitioner: Prakash Marotirao Shere
Respondent: State of Maharashtra and Ors.
Apeal: Civil Appeal No.11532 Of 1995
(Arising out of SLP (C) No.16258 of 1995)
(Arising out of SLP (C) No.16258 of 1995)
Judges: K. RAMASWAMY & B.L. HANSARIA, JJ.
Date of Judgment: Nov 17, 1995
Head Note:
CO-OPERATIVE SOCIETIES
Maharashtra Cooperative Societies Election Committee Rules, 1971:
Rule 16 – Election of the Society – Administrator, appointed pursuant to the orders of the Court, to conduct the elections expeditiously and to continue in office till the elections are over.
JUDGEMENT:
O R D E R
1. Leave granted.
2. We have heard learned counsel for the parties. By our order dated October 30, 1995, we directed the Government to appoint an administrator. We are informed that pursuant to the said order, the administrator came to be appointed and he took charge on 1st November, 1995. We are also informed that pursuant to our observations, election process was set in motion. Objections to the preliminary voters list are to be considered by tomorrow and thereafter, depending on the order to be passed, the competent authority required to finalise the voters list on or before December 30, 1995. It is required to notify the election process on or before January 2, 1996 under Rule 16 of the Maharashtra Cooperative Societies Election Committee Rules, 1971. The entire process of election is to be completed within a period of 45 days.
3. We hope and trust that the competent authority would continue the election process schedule hereinbefore mentioned and would conduct the election of the Society as expeditiously as possible without any delay unless he is prevented by any order of the Court or the authorities in that behalf.
4. The administrator would continue in office till the elections are over and the elected committee takes over the management.
5. Shri Dushyant Dave, the learned senior counsel appearing for the appellants seeks to contend the correctness of the action taken against them on several legal grounds. Since the administrator has already been appointed, we are of the view that the issues raised have become academic. Therefore, we are not expressing any opinion on merits.
6. The appeal is disposed of accordingly. No costs.
1. Leave granted.
2. We have heard learned counsel for the parties. By our order dated October 30, 1995, we directed the Government to appoint an administrator. We are informed that pursuant to the said order, the administrator came to be appointed and he took charge on 1st November, 1995. We are also informed that pursuant to our observations, election process was set in motion. Objections to the preliminary voters list are to be considered by tomorrow and thereafter, depending on the order to be passed, the competent authority required to finalise the voters list on or before December 30, 1995. It is required to notify the election process on or before January 2, 1996 under Rule 16 of the Maharashtra Cooperative Societies Election Committee Rules, 1971. The entire process of election is to be completed within a period of 45 days.
3. We hope and trust that the competent authority would continue the election process schedule hereinbefore mentioned and would conduct the election of the Society as expeditiously as possible without any delay unless he is prevented by any order of the Court or the authorities in that behalf.
4. The administrator would continue in office till the elections are over and the elected committee takes over the management.
5. Shri Dushyant Dave, the learned senior counsel appearing for the appellants seeks to contend the correctness of the action taken against them on several legal grounds. Since the administrator has already been appointed, we are of the view that the issues raised have become academic. Therefore, we are not expressing any opinion on merits.
6. The appeal is disposed of accordingly. No costs.
