IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7473 OF 2006 Ashok Dattatraya Palav and others ...Petitioners Versus P.R. Shinde and another ... Respondents Mr. M.S. Topkar for the petitioners. Mr. S.R. Nargolkar, Assistant Government Pleader, for respondent No.1. Mr. N.A. Kulkarni for respondent No.2. CORAM: H.S. BEDI , C.J., & DR. D.Y. CHANDRACHUD , J. DATE: DECEMBER 04, 2006. P.C. Rule. Respondents waive service. Heard forthwith with the consent of the learned counsel for the parties. 2. The only issue which has been raised by the petitioners' counsel is as to whether the election to the office-bearers of the Union should be held by secret ballot instead of show of hands. It has been pointed out by the learned counsel for the petitioners that on account of large number of members, it would be impossible and impracticable to hold the elections by show of hands as it would result in chaos and as such the appropriate remedy was to have a secret ballot for that purpose. 3. Reply affidavit has been filed by respondent No.1 in which he has admitted the claim of the petitioners that it would not be practicable to hold the election of 27 office-bearers of the Union either by show of hands or voice but as some of the observations have been made by the Industrial Court, Pune, in its order dated 20th January, 2006, at Exhibit-B to the petition, the option given to the answering respondent was necessarily limited and that the election could be held only by a show of hands for that reason. 4. We have perused the relevant part of the aforesaid order and find that the observations with regard to the holding of the election by way of secret ballot or otherwise was not the matter in issue and was only an incidental observation. In view of the stand taken by respondent No.1, we are of the opinion that it would be appropriate that the election be held by way of a secret ballot and we accordingly pass an order to that effect. We further direct that the election would be held within three months from the date of receipt of a certified copy of this order. 5. Rule is made absolute in the aforesaid terms with no order as to costs. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.