- (1.) Heard Sri O.P. Srivastava, learned Senior Counsel for the petitioners and Sri G. K. Srivastava for the respondent-State.
(2.) The petitioners contend that since the entire electoral college has not been constituted as per Section 5 of the U.P. Sugarcane (Regulation of Supply & Purchase) Act, 1953, then in that event, even if the election of the members can be held, the election of the Chairman of the Council cannot be held in the absence of compulsory members, namely, the two representatives of the sugar factory concerned to be nominated by the Occupier in the present case and one representative of a Licensed Power Driven Khandsari Manufacturing Unit.
(3.) It is the admitted position and also the case of the petitioner that neither any such factory is running within the said area nor is there any Licensed Power Driven Khandsari Manufacturing Unit and as such, such category of representatives are not available. The election of the Chairman of the Council cannot be held in their absence is the contention raised.;