agk WP.NO.6726/10 (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6726 OF 2010 Mr.Luis Anthony D’Souza & Ors. .. Petitioners versus The State of Maharashtra .. Respondent Mr.M.A.Utagikar for the petitioners. Mr.Suresh Bhosale, A.G.P for respondent Nos.1 to 3. CORAM : A.S.OKA, J. DATE : 2nd September 2010. P.C.: . Heard learned counsel appearing for the petitioners. The petitioners are members of a society. At the instance of the petitioners, an order of appointment of administrator was passed by relying upon sub-section 2 of section 73-H of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the said Act). The said order passed by the Deputy Registrar of the Co-operative Societies was challenged in a statutory appeal by the society. By the impugned judgment and order, the Appellate Authority has allowed the appeal and has set aside the order appointing administrator. 2. The submission of the learned counsel appearing for the petitioner is agk WP.NO.6726/10 (2) that the erstwhile Managing Committee did not perform its duty of holding elections before the expiry of its term and in view of the willful default, order appointing administrator was passed. He submitted that even the administrator has held elections and therefore no interference ought to have been made by the Appellate Authority. 3. I have considered the submissions. The Appellate Authority has recorded that it is an admitted position that election programme of the society was completed on 15th February 2009 when voting was held and result was declared on the same day. The Election Officer issued intimation of result to the Deputy Registrar on 17th February 2009 and the order of the Deputy Registrar appointing administrator was passed on 18th February 2009. These admitted facts show that there was no deliberate or willful failure on the part of the Managing Committee to hold elections. All these aspects have not been considered by the Deputy Registrar while making order of appointment of administrator. Hence, no fault can be found with the impugned order by which order appointing the administrator is set aside. Writ petition is rejected. (A.S.OKA, J)