1 W.P.(L) No.1121/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO. 1121 OF 2010 ALONG WITH WRIT PETITION NO. 3126 OF 2010 (APPELLATE SIDE) Smt. Neeta Vinay Masurkar ).. Petitioner Versus State of Maharashtra and others ).. Respondents Mr. Vinay S. Masurkar for the Petitioner. Mr. Y.R. Naik for Respondent No.2. CORAM : MOHIT S. SHAH, C.J. AND S.C. DHARMADHIKARI, J. DATED : 14TH JULY 2010 P.C. In this petition under Article 226 of the Constitution of India, the petitioner, who is the member of the Shriniketan Co-operative Housing Society Ltd., had prayed for a direction to the Returning Officer to adhere to bye-law nos.45 to 51 as are provided in Chapter No.X for declaring the election programme. 2. In the affidavit in reply dated 26th June 2010, it is pointed out that the petitioner is seeking enforcement of the bye-laws of the society which are registered in 1964 but the said bye-laws have been superseded by bye- laws adopted and registered in 1998. It is further pointed out that as on 1st June 2010, respondent No.3 Returning Officer has made a declaration that five members of the Managing Committee are elected uncontested and that from the old committee, two members are re-elected and remaining three members are elected for the first time. 2 W.P.(L) No.1121/10 3. In view of the above stand adopted by respondent No.3 in the reply affidavit, the learned counsel for the petitioner seeks leave to withdraw the Writ Petition as infructuous. 4. Writ Petition stands disposed of as infructuous. Notice is discharged. 5. Writ Petition No.3126 of 2010 filed on the Appellate Side, which was earlier ordered to be heard along with the present Writ Petition, shall now go back before the learned Single Judge. CHIEF JUSTICE S.C.DHARMADHIKARI, J.