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Bombay High CourtWP/13633/2025disposed off

Ashok Babulal Agrawal And Others v. The Union Of India Through The Secretary And Others

2025-12-10Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Hiten S. Venegavkar3 pages

2025:BHC-AUG:34674-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 918 WRIT PETITION NO. 13633 OF 2025 ASHOK BABULAL AGRAWAL AND OTHERS

VERSUS

THE UNION OF INDIA THROUGH THE SECRETARY AND OTHERS ...

Mr. A.B. Kale Advocate for Petitioner.

Mr. U.B. Bondar Advocate for Resp. Nos.1 and 2. Mr. R.S. Wani, A.G.P. for Resp. No.3.

...

CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 10th DECEMBER, 2025 ORDER :

1.

Issue notice to the respondents. Learned Advocate Mr. Bondar waives notice for respondent Nos.1 and 2. Learned AGP Mr. Wani waives notice for respondent No.3.

2.

Present Petition has been filed by the petitioners for directions to respondent Nos. 1 to 3 to hold elections for the board of directors of respondent No.4 sugar factory i.e. Shirpur Shetkari Sahakari Sakhar Karkhana, within a period of three months from today. The petitioners at this stage, do not press

for prayer clause C. It is the case of the petitioners that the term of the board of directors has expired on 17th September 2021 and till now no elections are held for the term 2021-2026. It is also submitted that as on today respondent NO.4 sugar factory is being administered by the administrator appointed to carry out the day to day functions of the sugar factory. However, even the administrator has not taken any steps to hold elections to elect the board of directors for the subsequent term. 3.

On perusal of the documents it is found that representation was made by the then vice chairman and chairman of respondent No.4 sugar factory on 24th May 2021 to respondent No.2 who is the Cental Registrar of Multi-state Co-operative Societies, requesting him to take necessary steps for holding elections of the board of directors of the sugar factory for 20212026. The said application has not yet been decided. 4.

However, the learned Advocate for the petitioners submits that the members of the sugar factory will submit a fresh application with the request for holding elections of the board of directors for the sugar factory for the subsequent term, to respondent No.2 within a period of one week from today. If such

application is filed by the petitioners, then respondent No.2 to decide the same on its own merits within a further period of two months from the date of receipt of such application. 5.

With the above observations and directions the Writ Petition Stands disposed of.

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/DEC25