Prakash
Marotirao Shere Vs. State of Maharashtra & Ors [1995] INSC 703 (17 November
1995)
Ramaswamy,
K. Ramaswamy, K. Hansaria B.L. (J)
CITATION:
JT 1995 (8) 558 1995 SCALE (6)744
ACT:
HEAD NOTE:
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.
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