1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6888 OF 2010 1. Rajendra s/o. Gangaram Shelke, Age 57 yrs., Occu. Agril., R/o. Upli, Tq. Wadwani, Dist. Beed. 2. Shaikh Musa Shaikh Dilwar, Age 55 yrs., Occu. Agril., R/o. As above. ....Petitioners. Versus 1. The State of Maharashtra, Through the Secretary of Ministry of Cooperation & Textile, Mantralaya, Mumbai-400032. 2. The District Deputy Registrar, The Cooperative Societies, Beed, Dist. Beed. 3. The Cooperative Officer, Grade-I i.e. Assiociate Assistant Registrar, Cooperative Societies, Wadwani, Dist. Beed and the Returning Officer for Elections of the Seva Sahakari Society Limited, Upli, Tq. Wadwani, Dist. Beed. 4. The Seva Sahakari Society Limited Upli, Tq. Wadwani, Dist. Beed Through its Secretary. 5. The Assistant Registrar, Cooperative Societies, Wadwani, Tq. Wadwani, Dist. Beed. ....Respondents. Mr. S.J. Salunke, Advocate for petitioners. Mr. S.K. Tambe, A.G.P. for respondent Nos. 1 to 3 & 5. Mr. P.D. Suryawanshi, Advocate for respondent No. 4. 2 CORAM : B.R. GAVAI AND A.A.SAYED, JJ. DATED : 28th September, 2010. ORAL JUDGMENT : [ Per B. R. GAVAI, J.] 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The limited grievance raised in this petition is that though the elections of respondent No. 4 are due, respondent No. 4 is not sending the voters list as required under the law. The respondent No. 5, who is required to take further steps in accordance with law, is not taking steps. 3. The learned counsel on behalf of the respondent No. 4 makes categorical statement that the provisional voters list would be submitted within a period of three weeks from today to respondent No. 5. 4. In that view of the matter, we dispose of the petition with direction to respondent No. 4 to furnish the provisional voters list and the necessary funds for conducting the election through respondent No. 5 within a period of three weeks from today. 5. It is further directed that on receipt of the provisional voters list, respondent No. 5 shall immediately commence the election programme within a period of two weeks from the date of receipt of voters list and conclude the same in accordance with law. It is further directed that if respondent No. 4 does not furnish necessary funds, the respondent No. 5 3 shall make the expenditure of the election and recover the same from respondent No. 4. Rule is made absolute in the aforesaid terms with no order as to costs. [ A. A. SAYED ] [ B. R. GAVAI ] Judge Judge ssc/wp6888.10