JUDGMENT - S.B. MHASE, J.:---Heard Mr. V.D. Salunke, learned Counsel for the petitioner and Mr. E.P. Sawant, learned Government Pleader for the respondent Nos. 1 to 5.

Rule, returnable forthwith with the consent of the parties.

2. The present petition is directed against the order dated 19-8-1999 passed by the respondent No. 2 the Director (Administration) and the Additional Registrar Co-operative Societies, Maharashtra State, Pune under section 77-A of the Maharashtra Co-operative Societies Act. The said order is passed in the following circumstances :

3. The petitioner No. 1 is the Chairman of the petitioner No. 2 Co-operative Society. Initially the term of five years of the Board of Directors of the petitioner No. 2 was completed on 11-12-1997. However the said term was extended by the Government in view of the provisions of section 73-G(2) by further period of one year by the order dated 11-12-1997 and the extended term of the Board of Directors of the petitioner No. 2 sugar factory came to an end on 10-12-1998. Thereafter, the Government has not extended the term of the Board of Directors of the petitioner No. 2 although the Government invited the proposal for extension of time from the petitioner by the letter dated 20-1-1999 and that the petitioner submitted the said proposal on 4-2-1999, still the fact remains that the Government has not passed any order on the said proposal on the date when the impugned order under section 77-A was passed by the respondent No. 2, or as on today. One more aspect which needs to be mentioned is that, even though the proposal was called for extension of time, it was not possible for the Government to extend the said term of the Board of Directors of the petitioner No. 2 society because section 73-G(2) permits the Government to extend the term of the Board of Directors of any sugar factory and/or any specified society to the extent of one year only. And said power was already exercised by the Government when the extension was granted on 11-12-1997. However, the inference that follows is that as a result of passing of the impugned order, the said proposal for extension of time is deemed to have been rejected by the Government probably having realised incapacity with the Government to grant such extension in accordance with law.

4. It is pertinent to note that the members of the Board of Directors the petitioner No. 2 were aware that their term of office is to come to an end on 11-12-1997, and therefore, anticipating that probably the extension may not be possible for whatever reasons best known to them, they approached this Court by filing Writ Petition No. 5388 of 1996 seeking directions from this Court that respondent officers of the State be directed to hold the election of the Board of Directors of the petitioner No. 2 Sugar factory prior to the cessation of the term of the Board of Directors in office. Thus it was desired by them that on or before 11-12-1997 the elections should be completed and duly constituted body should enter the office of the petitioner No. 2, moment the term of the office of the Board of Directors is over, in view of such a request being made this Court had already issued directions to the Collector to consider holding of the election of the petitioner No. 2 sugar factory as per the mandage of the statute and in time. It is evident that as the facts then existed the mandate was to complete the election on or before 12-12-1997 and in accordance with law. It is revealed from the affidavit filed by Dr. Rameshchandra Sagar who was the then Collector of Parbhani District that he started steps towards the election and for the said purpose the notice dated 1-10-1996 was given to the District Deputy Registrar by the Collector requesting him to submit the list of voters of the petitioner No. 2 society for proceeding with and conducting the election of the said Karkhana. Thereafter the reminders were issued to the District Registrar, Parbhani, on 4-11-1992 and 21-12-1996 for

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