1 WP No.180.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.180 OF 2011 Nazima Khan and Ors. .. Petitioners. Versus The State of Maharashtra & Ors. .. Respondents. Mr.Sanjay Thokade a/w Mr.Siddeshwar Kalel for the petitioners. Mr.Siddharth Kapre for respondent no.4. Mr.Kishor Patil for respondent no.5. Mr.A.P.Vagyani AGP for respondent nos.1 to 3. CORAM : RANJIT MORE, J. DATED : APRIL 19, 2011 PC: 1. Heard Mr.Thokade, learned counsel for the petitioners, Mr.Kapre, learned counsel for respondent no.4, Mr.Patil, learned counsel for respondent no.5 and Mr.Vagyani, learned A.G.P. for respondent nos.1 to 3. 2. By the order dated 5.1.2011 the 3rd respondent appointed the Administrator on New Krishna Co-operative Housing Society Ltd. under the provisions of section 77-A of the Co-operative Societies Act. This order is challenged by the petitioners by filing an appeal before the Minister (Co-operations) alongwith the application for stay. Since no interim orders are passed, the petitioners have approached this court for interim protection. S 2 WP No.180.11 3. The order under section 77-A which is annexed at Exhibit-B discloses that the same is passed at the instance of respondent no.5, who claimed to be the Chairman of the said housing society. The documents annexed at Exhibit-A (collectively) would show that the petitioners are the members of the managing committee elected in the election which was held in the month of July, 2010. The name of respondent no.5 does not figure in the list of managing committee of the said society. Be that as it may the order under section 77-A is passed without issuing any notice or affording an opportunity of hearing to the petitioners, who claim to be members of the said society. 4. Respondent No.4 claims that he has taken charge of the said society in the capacity as the Administrator. He relies upon the charge “Yaddi” annexed at page 105 alongwith his affidavit. The charge shows that he has taken charge from respondent no.5. As stated above the name of respondent no.5 does not figure in the list of elected members of the said society. In the circumstances I am of the opinion that the case for interim relief is made out and the petition is, therefore, disposed of by passing the following order: (i) During pendency and final disposal of the appeal pending before the Hon’ble Minister for Co-operation for the 3 WP No.180.11 Co-operative Societies a copy of which is annexed at Exhibit-E, the order passed by respondent no.3 on 5.1.2011 appointing the Administrator on the said housing society under section 77-A of the Co-operative Societies Act shall remain stayed. In case the outcome of the petition is adverse to the petitioner, the same shall not be given effect for a period of two weeks from the date of communication thereof on the petitioner. (ii) The appellate authority shall endeavour to dispose of the petitioners said appeal as expeditiously as possible and on its own merits. (RANJIT MORE, J.)