Meghraj Keshavrao Patil And Another v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:4406-DB *1* 23wp2132o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 WRIT PETITION NO. 2132 OF 2024 MEGHRAJ KESHAVRAO PATIL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioners : Mr. N.P. Patil Jamalpurkar i/by Mr. Chapule Abhishek D.

AGP for Respondents 1 to 4/State : Mr. R.S. Wani ...

CORAM : RAVINDRA V. GHUGE & R.M. JOSHI, JJ.

DATE :- 26th February, 2024 Per Court :- 1.

These are two Petitioners, who seek a Writ of Mandamus under Article 226 of the Constitution of India for directing a Co-operative Sugar Factory to hold elections. It is clearly set out in the pleadings that Respondent No.5 Cooperative Sugar Factory is a society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960. It is alleged that elections have not been held in this Co-operative Society since 2007.

2.

We have perused Section 91 of Maharashtra Cooperative Societies Act, 1960, which clearly indicates that any

*2* 23wp2132o24 dispute touching the constitution, elections of the committee or its office bearers etc. is a dispute to be raised before the Cooperative Court. In this backdrop, we are not entertaining this Petition.

3.

The learned Advocate for the Petitioners submits that one of the Petitioners has approached the Regional Joint Director of Sugar/Respondent No.3 herein by raising an issue about the old members list and the new members list. The same is still not responded to.

4.

In view of the above, this Writ Petition is disposed off. Let Respondent No.3 respond to the communication by the Petitioners dated 04.10.2023, within a period of 30 days from today.

kps ( R.M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. )