Full Judgment Text
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PETITIONER:
PRAKASH MAROTIRAO SHERE
Vs.
RESPONDENT:
STATE OF MAHARASHTRA AND ORS.
DATE OF JUDGMENT17/11/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
JT 1995 (8) 558 1995 SCALE (6)744
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
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.
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.
The administrator would continue in office till the
elections are over and the elected committee takes over the
management.
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.
The appeal is disposed of accordingly. No costs.