1 WP 4.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4 OF 2011 Bansi S/o Dagadu Gaikwad & Others .... PETITIONERS V E R S U S The State of Maharashtra & Oths. .... RESPONDENTS ---------------------------------------------------------------------------------------------------------------- Mr. R.N.Dhorde, Advocate for the Petitioners. Mr. N.B.Khandare, Govt. Pleader for State. Mr. V.D.Hon, Advocate for Resp. No. 4. ---------------------------------------------------------------------------------------------------------------- CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE : 10/01/2011 PER COURT : 1. Heard. 2. The petitioners seek order to direct respondent nos. 1 to 3 to make an arrangement that respondent no. 4 shall inform the dues in writing, if any, towards the petitioner and the petitioners be allowed to pay the same in the 2 WP 4.2011 account of respondent no. 4 or to accept the dues, if any, by respondent no. 4 from the petitioner and to issue receipts of it and thereafter to issue the no dues certificate in favour of the petitioner. 3. The learned Govt. Pleader has produced on record a copy of communication issued by the Regional Jt. Director of Sugar, Aurangabad dated 4/1/2011. The authority had intimated respondent no. 4 – Karkhana to act in accordance with the relevant rules and take steps in respect of the application filed by the petitioners for issuance of the no dues certificate. A copy of the said communication dated 4/1/2011 is taken on record. 4. Mr. R.N.Dhorde, learned counsel for the petitioner submits that to deprive the petitioners from participating in the said election, respondent no. 4 – Karkhana is not taking steps and did not pass appropriate orders on the application filed by the petitioners and intimate them about their dues. 5. The allegations have been denied by Mr. V.D.Hon, learned counsel for respondent no. 4 – Karkhana. The learned counsel further submits that the Writ Petition is not maintainable against the Co-operative Society, much less at the stage when the election for electing Board of Directors is imminent. 6. We have perused the communication made by the Regional Jt. Director of Sugar, Aurangabad to the Managing Director of respondent no. 4. The respondent no. 5 had clearly communicated to the Managing Director of the 3 WP 4.2011 Karkhana that in case there was any delay in taking decision on the application filed by the petitioners, then he would be held responsible for the same. It seems that the election programme is likely to be declared soon. The voters’ list is already finalized on 8/10/2010. 7. Considering all these aspects of the matter, no further interference is called for in the matter. The present Writ Petition is accordingly disposed of. [ S.V. GANGAPURWALA, J. ] [ NARESH H. PATIL, J. ] knp/WP 4.2011