(1) wp777-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.777 OF 2011 Bapasaheb s/o Bhagwantrao Sonwane and others PETITIONERS VERSUS The State of Maharashtra and others RESPONDENTS .... Mr. N.R. Thorat, advocate for the petitioners. Mrs. A.V. Gondhalekar, AGP for the respondent/State. Mr. N.D. Sonawane, advocate holding for Mr. V.D. Hon, advocate for respondent No. 4 .... CORAM : D.B. BHOSALE & M.T. JOSHI, JJ. DATED : 29th MARCH, 2011 PER COURT : 1. Heard learned counsel for the parties. 2. By this writ petition, the petitioners are challenging deletion of their names from the voters' list for the election of the Board of Directors of respondent No. 4 - Sugar Factory. Respondent No. 4 is a Specified Society. Respondent No. 3 has filed (2) wp777-11 Reply-Affidavit and in para No. 8 thereof, has stated thus : "With reference to para no. 15 of the Writ Petition, I say and submit that, the Respondent No. 2 published primary voters list by a proclamation on dated 22.9.2010 according to the provisions under rule 4 (2) of Maharashtra Specified Cooperative Societies Election to Committee Rules, 1971 and given time upto 1.10.2010 for objections. But Respondent No. 2 or 3 not received any objection on voters list from any of the Respondents. Therefore respondent No. 2 published final voters list under rule 6 (4) by a proclamation on dated 8.10.2010 and called objections within 15 days under rule 6 (5) of Maharashtra Specified Cooperative Societies Election to Committee Rules, 1971. Respondent No. 2 received 52 objections & said objections are sent to Respondent No. 3 on dated 25.10.2010. Respondent No. 3 made inquiry of that objections & submitted report to Respondent No.2 as on 3.11.2010. In those 52 objections, the objections of petitioners were not received. After consideration of comments of Respondent No. 3, the Respondent No. 2 published final voters list under Rule (3) wp777-11 7 of Maharashtra Specified Cooperative Societies Election to Committee Rules 1971 by Respondent No. 2 on dated 6.12.2010. I say and submit that the Respondent No. 2 or 3 did not receive any objection on primary voters list published on 22.9.2010 or on publication of final voters list on dated 8.10.2010. Therefore there is no question of including the petitioners name in the voters list of Respondent No. 4. Some writ petitions are pending on final voters list published under rule 7 by Respondent No.2 as on dated 6.12.2010 before the Hon'ble High Court Bench at Aurangabad, therefore, Respondent No. 2 has not till published the election programme of Respondent No. 4 Karkhana. Therefore, the present petition may kindly be rejected by confirming the final voters list published by a proclamation dated 6.12.2010." From bare perusal of the statement made on affidavit, it is clear that the petitioners had sufficient time to raise the objections. Admittedly, their names were not appearing either in the provisional voters' list or final voters' list. The provisional voters' (4) wp777-11 list was published on 22-09-2010 and final voters' list under rule 6 (4) of the Maharashtra Specified Cooperative Societies Election to Committee Rules, 1971, was published on 8-10-2010. The election programme is already set in motion. In view thereof, the writ petition filed on 28-01-2011 cannot be entertained for the prayers made in the writ petition in exercise of writ jurisdiction under Article 226 of the Constitution. Hence, the petition is dismissed. [M.T. JOSHI, J.] [D.B. BHOSALE, J.] NPJ/wp77-11