1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.1990 OF 2010 1. Dattatraya Tukaram Mandage, Age : 40 years, Occu.Agril./Profession 2. Sampat Tukaram Mandage, Age 45 years, Occu. Both R/o Pimpalgaon Pisa, Tq. Shrigonda, Dist. Ahmednagar ..PETITIONERS VERSUS 1. The State of Maharashtra, Through its Secretary, Co-operative Department, Mantralaya, Mumbai - 32 2. The Collector, Ahmednagar 3. Deputy District Registrar, Ahmednagar 4. Kukadi Sahakari Sakhar Karkhana Ltd., Pimpalgaon Pisa, Tq. Shrigonda, District Ahmednagar, Through its Managing Director 5. The Commissioner of Sugar, Maharashtra State, Pune Mr H.D. Deshmukh, Advocate for the petitioners; Mr K.G. Patil, A.G.P. for respondents no.1 to 3 & 5; Mr N.V. Gaware, Advocate for respondent no.4. CORAM : P.V. HARDAS AND 2 S.V. GANGAPURWALA, JJ DATE : 16th April, 2010 ORAL JUDGMENT [ PER P.V.HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. The petitioners by this petition pray for directing respondent no.4 to admit the petitioners as class 'A' members by transferring the share in their name as per the request of their mother and father respectively from the date they applied to respondent no.4. The petitioners also pray for issuance of a writ of mandamus directing respondent no.4 to admit the petitioners as 'A' class members and respondent no.2 be directed to add the names of the petitioners in the final voters list prepared for the election of the managing committee of respondent no.4 scheduled to be held in the year 2010. 3. It appears that the petitioners had submitted an application to respondent no.4 for enrolment of their names as members of the specified society and had also prayed for transfer of the shares. Since the aforesaid application has not been decided, the petitioner by placing reliance on clause (2) of section 22 of 3 the Maharashtra Co-operative Societies Act claims that since no decision was communicated to the petitioner, the application of the petitioner is deemed to have been allowed. Since the election is scheduled to be held on 10th May, 2010, the petitioners, according to us would not be entitled to any directions to the respondents for inclusion of the name of the petitioners so as to enable the petitioners to participate and vote in the ensuing election scheduled to be held on 10th May, 2010. However, since the petitioners application has remained undecided and as the petitioners have agreed to submit an application to the Commissioner of Sugar, Maharashtra State, Pune, we allow the petition to that limited extent. We accordingly permit the petitioners to join the Commissioner of Sugar, Maharashtra State, Pune as a respondent. Amendment to be carried out forthwith. Learned A.G.P. accepts notice on behalf of the newly added respondent. 4. We accordingly permit the petitioners to submit the application within one week to the newly added respondent and further direct the Commissioner of Sugar, Maharashtra State, Pune to decide the said application within four months of its receipt and communicate the decision thereon to the petitioners. 4 5. Rule is thus made absolute on the terms indicated above with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp1990.10