SOMESHWAR SAHAKARI SAKHAR KARKHANA LIMITED Vs. SHRINIVAS PATIL

JUDGEMENT

(1.) This petition raises two questions of law in view of the preliminary objection raised on behalf of the respondents as to the maintainability of this petition and it has, therefore, become necessary to deal with the said two questions at the admission stage itself. The said two questions of law are:-

(2.) The petitioner Society viz., Shri Someshwar Sahakari Sakhar Karkhana Ltd., is a specified Society within the meaning of the provisions of section 73-G of the Maharashtra Co-operative Societies Act, 1960 (for short, the "said Act"). It was registered in 1960. It has around 6500 producer-members and about 45 society members. The Managing Committee of the petitioner Society consists of 21 members elected in accordance with its Bye-laws. The last election to the Managing Committee of the petitioner Society was held in December 1986 and the tenure of office being 5 years, the terms has expired in December 1991. There is no controversy that the election had to be held around December, 1991 so that the new Committee could take over as early as possible. There is also no controversy before me that for holding such an election the persons who are enrolled as members as on 30th June, 1991 would be eligible to participate in the said election. It appears that on the 18th May, 1991 the present Managing Committee enrolled as many as 394 members. On the 6th June, 1991 a dispute has been filed under section of the said Act challenging the said Resolution dated 18th May, 1991. The relief prayed for in the said dispute was that certain persons were illegally enrolled as members of the petitioner society in the meeting held on 18th May, 1991. On the 29th June, 1991 the Managing Committee further enrolled 678 members. In the dispute pending under section 91, on the 25th July, 1991, the Co-operative Court directed the petitioner Society to produce certain documents relating to the enrollment of new members. In a Revision Application filed by the petitioner Society, the Co-operative Appellate Court modified the said order on 30th July, 1991 regarding production of some of the documents.

(3.) In the meanwhile, some of the members of the petitioner society filed Writ Petition No. 3692 of 1991. This Court passed an order directing the Collector to start the election process forthwith. The exact order passed by the Division Bench of Kurdukar & Sindhakar., JJ, on 26th August, 1991 is as under :-