R. M. BORDE, J. :- Heard Shri V. D. Hon holding for S Bachate, Advocate for the petitioner, Shri K. G. Patil, A.G.P. for respondent

Nos. 1 to 5 Shri A.B. Girase of respondent No. 6 and Shri V.D. Salunke and Shri S.G. jadhav ,Advocates for the intervennors.

2. Rule. Rule is made returnable forthwith, with the consent of the parties the petition for final hearing at the admission stage.

3. The petitioners herein seek to challenge the action of postponement of elections of the respondent No.6 society. The respondent No.6 is a specified co-operative society within the meaning of section 73G of the Maharashtra Coprative Societies Act. The petitioners are members of respondent No.6 society. According to the petitioners, the last elections of the society were held in 2002. As first meeting of newly elected members of the managing committee was held 6th March, 2002. As per the provisions of section 73G(2) the term of the elected managing committee is five years. As such, the term of the elected managing committee is to expire in the month of March, 2007.

4. It is contended by the petitioners that the general body of the respondent .6 society adopted a resolution bearing No. 12(6) on 7th January, 2006 and involved to hold the elections of the managing committee of the society prior to November, 2006. The reason putforth was that the crushing season of the sugar story is to commence from 1st November, 2006 and the same is likely to continue up to 30th April, 2007. The members of the society would be busy in activities relating to crushing season and it would not be proper to hold elections during the said period. It was, therefore, resolved to complete the process of election before 1st November, 2006. It is further contended that the annual general body meeting of the society was convened and on 11th June, 2006 similar resolution bearing No. 10(1) came to be adopted. The Board of Directors of the sugar factory also adopted a similar resolution and Communicated the decision to the Commissioner for Sugar and the State Government. Appropriate permission was sought for from the State Government preponing the elections. It appears that, by communication dated 6th July, 6, the State Government permitted the specified co-operative society to pone elections and hold the same before November, 2006. Acting upon the permission accorded by the State Government, the Collector, Beed, by order

dated 28th August, 2006, in exercise of his powers under Rule 9 and 10 of the Maharashrta Specified Co-operative Societies (Election to the Committees) les, 1971, appointed Sub Divisional Officer, Ambajogai as the Returning lcer, whereas Tahsildar, Dharur came to be appointed as the Assistant turning Officer. The Collector, on the same day, forwarded the tentative programme for the elections to the Returning Officer. The Collector also intimated Director (Information), Aurangabad to take steps for publishing the election programme in the local newspapers. The Director (Information), Aurangabad, accordingly instructed to the Manager, Advertisement, Majalgaon times, district Beed to publish the programme of election in the newspaper dated of February, 2006. As per the programme acceptance of nomination papers was to commence from the date of publication of the programme till 11th September, 2006. After completing all the steps, required for conclusion of the elections, the voting was scheduled to be held on 13th October, 2006 and the counting was to commence from 14th October, 2006. It is contended by the petitioners that they have tendered their nomination papers on 4th February, 2006.However, they were surprised to notice a publication of a notification the Assistant Returning Officer, Majalgaon on 4th September, 2006 d therein that the programme of holding elections to the respondent No.6 s co-operative society has been stayed by the Collector, Beed until further Being aggrieved by the action of stalling the process of election, the petitioners