Rajendra Prataprao Mane & Ors vs Sadashivrao Mandalik ...

3. A few facts are required to be set out in order to appreciate the question which has been raised in these appeals.

6. Writ Petition No. 7257 of 2011, and the connected Writ Petition No.10133 of 2011, were disposed of on a statement made by the Government Pleader that the inquiry into the complaint by the appellants would be completed within 15th February, 2012. While disposing of the Writ Petitions, the High Court directed that the previous list of voters for election to the Managing Committee of the respondent sugar factory should be published only after the inquiry was completed. In his report dated 10th February, 2012, the Regional Joint Director (Sugar), Kolhapur, found that a total number of 6617 persons did not satisfy the required criteria to become members of the respondent sugar factory and passed an order under Section 11 read with Section 11A of the Act.

7. Immediately, thereafter, the respondent sugar factory and several of the members, who were held to be ineligible from becoming members of the factory, challenged the order passed by the Regional Joint Director (Sugar), Kolhapur, by filing appeals before the State of Maharashtra, under Section 152 of the M.C.S. Act, 1960. On 22nd February, 2012, the said appeals were listed for admission and interim orders before the Minister for Cooperation, State of Maharashtra, but in view of the allegations of bias made against him in W.P.No.1685 of 2012, the Minister recused himself from hearing the appeals and transferred the cases to the Secretary, Department of Cooperation, for hearing and disposal. The appellants appeared before the Secretary on 24.2.20121, but raised an objection to his jurisdiction to hear a substantive appeals under Section 152 of the M.C.S. Act, 1960. The order of the Joint Director (Sugar), Kolhapur was also challenged by the respondent sugar factory and some of the persons who were held to be ineligible, notwithstanding the pendency of their substantive appeals under Section 152 of the Act, challenging the very same order before the State of Maharashtra.

16. The Writ Petitions were heard and disposed of by the learned Single Judge of the Bombay High Court by the order impugned in these appeals, at the very threshold, without issuing notice to the Respondent Nos.3, 4 and

19. We, therefore, see no reason to interfere with the order passed by the learned Single Judge, and the appeals are, therefore, dismissed. So as not to delay the elections any further, we request the Chief Minister to take immediate steps to have the appeals filed by the Appellants herein under Section 152 of the M.C.S. Act, 1960, heard and disposed of as early as possible, but not later than 2 months from the date of communication of this judgment. In the event the Chief Minister is unable to hear the appeals himself and entrusts the hearing to one of the other Ministers, which, in our view, would also include the Minister of State of the concerned Department, he should also impress upon the said Minister the urgency of the matter since the elections to the Board of the Karkhana have not been held since 2007.

20. The appeals are accordingly disposed of with the aforesaid directions.

21. There will be no order as to costs.