Sachin Chandrasen Ghodke And Another v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 WRIT PETITION NO.4639 OF 2021 WITH CIVIL APPLICATION NO.11269 OF 2021 SACHIN CHANDRASEN GHODKE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr G. K. Naik Thigle, Advocate for petitioner; Mr P. S. Patil, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND S. G. DIGE, JJ.

DATE : 30th March, 2022 PER COURT:

1.

The learned Advocate for the petitioners has shown us a letter dated 25/01/2021, addressed by Shri. Sandeep Ravindra Kshirsagar, M.L.A., representing 230-Beed, Tq. and Dist. Beed Constituency in the Maharashtra Legislative Assembly, to Shri. Dhananjay Munde, Minister, Social Justice and Special Assistance, Maharashtra State, respondent No.3 herein. A list of 141 persons, who are to be appointed as the Administrators on 47 Vividh Karyakari Seva Co-operative Societies (3 persons on one Society) is tendered.

(2) 2.

The grievance of the petitioners is that the Statutory Authority i.e. Deputy Registrar, Co-operative Societies, Beed had already issued appropriate directions on 23/12/2019 under Section 77-A of the Maharashtra Co-operative Societies Act, 1960, appointing the Administrators, who are Government employees/officers and by this communication of the M.L.A., these officials are sought to be removed and private persons are sought to be appointed as the Administrators. We find a remark purportedly signed by respondent No.3, Hon'ble Minister, approving the list.

3.

The learned AGP submits that, probably these persons have already been appointed as the Administrators and considering the unlocking and lifting of the COVID-19 restrictions, elections of these Societies may also have been completed or may be in the process of completion.

4.

We find that the Government is yet to file an affidavit-inreply and the learned AGP prays for a last chance to file the reply. Let such reply be filed, as a last chance, on or before 13/04/2022.

(3) 5.

List this petition on 25/04/2022 in the urgent category. Until then, status-quo as existing today, be maintained in relation to the letter of the M.L.A., dated 25/01/2021 at page 96 to 100 of the petition paper book. This order would not apply to those elections, which are underway or are in the process being conducted.

6.

Civil Application No.11269/2021, seeking amendment in the writ petition and for placing documents on record in the light of the earlier order of this Court, dated 16/03/2021, is allowed. Amendment be carried out.

7.

All office objections shall be removed on or before 12/04/2022, failing which, the petition shall stand dismissed without reference to the Court on 13/04/2022. (S. G. DIGE, J.) (RAVINDRA V. GHUGE, J.) sjk