Adivasi Jungle Kamgar Sahakari ... vs District Dy. Registrar Coop. Soc. ...
2016 Latest Caselaw 1864 Bom

       wp91.05                                                                       1



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                          
                               NAGPUR BENCH

                          WRIT PETITION  NO.   91  OF  2005




                                                 
      Adiwasi Jungle Kamgar Sahakari
      Sanstha Limited, Garpit, Post -
      Junapani, Taluq - Karanja (Ghadge),




                                                
      District - Wardha, having Registration
      No. 312, through its President
      Shri Tukaram Chandhuji Irpachi.               ...   PETITIONER




                                       
                        Versus
                             
      1. District Deputy Registrar,
         Cooperative Societies, Wardha.
                            
      2. Wardha Zilla Jungle Kamgar
         Cooperative Societies Federation
         Limited, Wardha, having 
         Registration No. 108, Taluq and 
         District - Wardha, through its
      


         President Shri Nathuji Mahadeorao
   



         Kumre, aged about 65 years, r/o
         Wardha.                                    ...   RESPONDENTS





      Shri J.S. Mokadam, Advocate for the petitioner.
      Shri A.V. Palshikar, AGP for respondent No. 1.
                         .....

                                   CORAM :     B.P. DHARMADHIKARI &





                                               P.N. DESHMUKH, JJ.

APRIL 26, 2016.

ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)

The matter is called out. Shri Mokadam, learned

counsel present in the Court informs that his name is called out,

therefore, he has appeared in the matter otherwise he does not

have any instructions presently.

2. Shri Palshikar, learned AGP for respondent No. 1

has attempted to demonstrate that the matter is rendered

infructuous.

3. As Vakalatnama of Shri Mokadam, learned counsel

is filed in the matter, we have called upon him to assist the

Court. Accordingly, after going through the records of the

Court and file available with the learned AGP, Shri Mokadam,

learned counsel has argued the matter.

4. After hearing the respective counsel, we find that

the petitioner wanted the elections to be conducted as per Bye-

laws then prevailing, without any amendment or modification

thereto. Shri Mokadam, learned counsel, has pointed out that

this Court has on 07.04.2005, while issuing Rule in the matter,

granted interim order and, therefore, elections must have been

held accordingly. He is seeking time to make definite

statement in this respect.

5. We find that the elections conducted in the year

2005 would have been only for a period of three years or five

years. That period has already expired. Hence, further

elections thereafter also may have been held in due course.

6. Though the learned AGP has urged that due to

passage of time, challenge is rendered infructuous, we find

substance in the contention of Shri Mokadam, learned counsel

that the Rule needs to be made absolute in terms of interim

order. Hence, we make Rule absolute in terms of interim

orders. Writ Petition is disposed of. However, there shall be no

order as to costs.

               JUDGE                                                         JUDGE





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      *GS.