Shri. Chhatrapati Sahakari Sakhar Karkhana Ltd Bhavaninagar And ORS v. The State Maha. Thr. Dept Of Cooperation And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by PURTI PRASAD PARAB Date:

2023.04.24 17:36:52 +0530 CIVIL APPELLATE JURISDICTION PURTI PRASAD PARAB WRIT PETITION NO. 282 OF 2023 Shri Chhatrapati Sahakari Sakhar Karkhana Ltd. and Ors.

....Petitioners V/s.

The State of Maharashtra and Ors.

...Respondents

---- Mr. Abhijeet Kulkarni a/w Ms. Sweta Shah and Mr. Krushna Jaybhay for Petitioners in WP No. 282/2023 and for Respondent No.1 in WP No. 6261/ 2021 and for Respondent No.4 in WP No. 6206/2021. Mr. S.S. Patwardhan for Petitioner in WP No. 6206/2021. Mr. Ajinkya Udane for Petitioner in WP No. 6261/2021. Mr. A.I. Patel, Addl. G.P. a/w Ms. Kavita N. Solunke, AGP for Respondent Nos.1, 2 and 3.

Mr. Dilip Bodke for Respondent No.4 in WP No.282/2023, for Respondent No.2 and 3 in WP No.6206/2021 and for Respondent No.3 and 5 in WP No. 6261/2021.

---- CORAM : K.R. SHRIRAM & RAJESH S. PATIL, JJ.

DATED : 21st APRIL 2023 P.C. :

1.

Prayer clause (B) of the petition reads as under : (B) That by appropriate Writ, Order as well as directions of this Hon'ble Court, the Respondents more particularly the Respondent Nos.3 The Regional Joint Director (Sugar) Pune and Respondent No.4 the State Cooperative Election Authority be directed to forthwith start the Election process of Petitioner No.1 Shri Chhatrapati Sahakari Sakhar Karkhana Ltd. and further be directed to complete the same in time bound manner;

2.

Mr. Bodke for Respondent No.4 states that the voters list was prepared in 2020 but we find and admittedly so that the provisions of The Maharashtra Co-operative Societies Act, 1960 has been subsequently amended. Therefore, Respondent No.4 shall prepare a fresh voters list in Purti Parab

2/2 907-WP-282-2023.doc accordance with the law as prevailing in force today. Of course, fresh election schedule will be also announced. Mr. Bodke states the election process will commence within four weeks.

3.

Petition disposed in view of the statement made by Mr. Bodke. 4.

We clarify that we have not made any observations on the merits of the matter.

5.

All rights and contentions of the parties are kept open. WRIT PETITION NO. 6206 OF 2021 & 6261 OF 2021 6.

At the request of parties, Writ Petition No. 6206 of 2021 and Writ Petition No. 6261 of 2021 are taken on board though not listed today. 7.

Mr. Patwardhan states in view of the above, Writ Petition No. 6206 of 2021 and Writ Petition No. 6261 of 2021 be allowed to be withdrawn and should petitioners therein suffer any prejudice later, they shall approach the court afresh at the appropriate stage and if required would also challenge the virus of amendment.

8.

Writ Petition No. 6206 of 2021 and Writ Petition No. 6261 of 2021 dismissed as withdrawn with liberty as prayed. (RAJESH S. PATIL, J.) (K.R. SHRIRAM, J.) Purti Parab