skc 1 WP-3831-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3831 OF 2011 Ningappa Huchchappa Pated & Ors. ..Petitioners versus Regional Joint Director (Sugar) Kolhapur & Ors. ..Respondents Mr. Umesh Mankapure for Petitioner. Mrs. M. P. Thakur Assistant Government Pleader for State. CORAM : D. D. SINHA & A. R. JOSHI, JJ. 14 July 2011. P.C. : Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the State. 2. Petitioner is seeking direction to respondent nos. 1 to 4 and 6 to hold election of managing committee of the respondent no.5 Karkhana. It is submitted that the last elections of the managing committee were held in the year 2002 and the tenure of the said managing committee expired in the year 2007, however, no steps have been taken to hold the elections of the skc 2 WP-3831-11 managing committee of respondent no. 5 Karkhana and therefore the petitioner has filed the present petition seeking direction to the respondents to hold elections. 3. The learned AGP has submitted that Mr. B. S. Katare, Regional Joint Director (Sugar) Kolhapur has filed an affidavit dated 11th July 2011 wherein it is specifically stated that the Collector has already communicated to the respondent no.1 that an approximate amount of Rs.13,00,000/- will be required to conduct / hold elections of respondent no.5 Karkhana. The learned AGP therefore states that as and when the said amount is deposited by the respondent no. 5 Karkhana, the election of the managing committee will be held in accordance with law and the procedure applicable in this regard. 4. Considered the contentions canvassed by the respective counsel. On the back drop of the above referred undisputed facts, it is evident that the elections of managing committee of respondent no.5 Karkhana could not be held since the requisite amount to hold the elections has not been deposited by the respondent no.5 Karkhana and therefore fault lies with the respondent no.5 Karkhana and not with the Collector or other respondents. It is difficult for us to appreciate the contention canvassed by the learned counsel for the skc 3 WP-3831-11 petitioner that the requisite amount to conduct elections has not been deposited by the respondent no. 5 Karkhana with an oblique motive since there is no data on record pertaining to the financial position of the respondent no. 5 Karkhana. In view of the undisputed facts, the petition suffers from lack of merits. Same is dismissed. (D. D. SINHA, J.) (A. R. JOSHI, J.)