1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8509 OF 2009 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. M.P. Kale, Advocate for petitioner. Mr. R.P. Phatke, A.G.P. for respondent Nos.1 to 3. Mr. S.S. Rathi, Advocate for respondent No.4. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 10TH FEBRUARY, 2010 Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, the petition is taken up for final hearing at admission stage. Head Counsel for the parties. 2. The order impugned in this petition under Article 226 of the Constitution of India, is passed by respondent No.1 dated 01-06-2009. By the said order, respondent No. 1 has extended the term of the Managing Committee of respondent 2 No. 4 for one year w.e.f. 01-06-2009. The grievance in the petition is that it is not open to the authority to extend the tenure of the Committee for a period of one year at a stretch. For, Section 73(1)(B) of the Act at best authorises the authority to extend the term of office upto period of six months and aggregate period upto one year. 3. In the present case, the term of office of the outgoing Managing Committee admittedly expired on 30-06-2008. That term could have been extended, even if the power under Section 73(1)(B) was to be invoked, maximum till 30-07-2009. The authority as well as outgoing Managing Committee was under obligation to conduct election to constitute the new Managing Committee of respondent No.4 within specified time. Instead, further extension has been granted to the present Managing Committee, inconsistent with the 3 mandatory provisions of the Act. 4. In the circumstances, we set aside the decision of respondent No. 1 dated 01-06-2009. Instead, we direct respondent No.1 to appoint Administrator on respondent No. 4 Committee forthwith. It will be open to the appropriate authority to appoint Board of Administrator if so advised and that, at the same time, ensure that the election of respondent No. 4 Committee is concluded within two months from today, as final voters list has been published as back as on 13-02-2009 and expenses for conducting the election also has been deposited with the authority. 5. The petition is disposed of. Rule made absolute in above terms. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/FEB10/wp8509.09