1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 224 OF 2010 IN WRIT PETITION NO. 2338 OF 2009 Jabbar Ali Nasir Khan & Ors. ...Petitioners Vs. The State of Maharashtra & Ors. ...Respondents Mr. Ulhas G. Kerkar with Mr. Vincent X. D’Silva for Petitioners Mr. B.V. Phadnis i/b. Utangale & Co., for Respondent No.2 Mr. A.S. Desai with Mr. R.S. Ghadge for Respondents 4 to 10 CORAM : SMT. ROSHAN DALVI, J. DATED : 21ST JUNE, 2010 P.C. : 1. An order came to be passed in this Notice of Motion by my brother Judge Mr. S.J. Kathawalla on 28 th April 2010 directing the parties to hold election of their Society with a Caveat that the elected members shall not take charge until further orders of the Court. 2. This order, therefore, reflects that the Court took into consideration the various disputes between the parties which remained pending when the election was ordered to be held. The election has been held. 2 3. Respondents contend that the Notice of Motion has become infructuous and therefore, the elected members must be directed to take charge. 4. The Petitioners have pointed out that the Respondents were disqualified from contesting the elections. The Petitioners have also shown the collusion between the Respondents and Deputy Registrar, Co-operative Societies. 5. This is a case in which a simplicitor election has not been ordered. In this case only the clerical, procedural and ministerial acts for holding election and for actual meeting of the election are passed. Yet the elected members are directed not to take charge. They can, therefore, take charge only after they satisfy the Court that they were qualified to stand for election in view of the allegations of collusion made in the Petition and in the Notice of Motion. 6. Though therefore, the Notice of Motion may have become infructuous upon the election being ordered to be held, the elected Committee cannot take charge at present. 7. Since the election is held the Petitioner would have to challenge the election, if any member who is elected is stated to be disqualified. Yet in view of the specific caveat of the Court, pending such a petition or pending application of the members of the elected Committee themselves to take charge, charge cannot be allowed to be taken. 3 8. Hence, the following order: 1. The newly elected Committee cannot be entitled to take charge until the respective claims of the Petitioner on the one hand challenging the qualification of the elected members to stand for election and the Respondents claim on the other showing that they are not disqualified and meeting the case of collusion is made out. 2. The order of restraint from taking charge shall continue only for 2 weeks from today. The Petitioner shall be entitled to challenge the election of the newly elected members. 3. Notice of Motion is otherwise infructuous and is disposed off accordingly. (SMT. ROSHAN DALVI, J.)