:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1277 OF 2008 Godi Kamgar Co-op Hsg.Soc.Ltd ...Petitioners Versus The Divisonal Joint Registrar Co-operative Societies and anr. ....Respondents ====== Mr.M.P.Vashi i/by. M/s.M.P.Vashi and Associates Adv. for the petitioners. Ms.V.S.Mhaispurkar, AGP for respondent no.1. Mr.E.A.Sagi and Mr.H.D.Sawant Adv. for respondent no.2. CORAM: S.C.DHARMADHIKARI, J. DATED: 5TH MARCH, 2008. P.C. P.C. P.C. : : : 1. This Writ Petition is directed against the order passed on 18.2.2008 by the Divisional Joint Registrar, Co-operative Societies, Mumbai-Division in Appeal No. 233 of 2007. The Appeal was by Godi Kamgar Co-operative Housing Society Ltd and five others. It was directed against the order dated 14.11.2007 which was passed by the Deputy Registrar, MHADA, Mumbai :2: :2: :2: appointing Administrator of the Society. The finding recorded in the impugned order is that the Office Bearers who were representing the Society and termed as Committee Members have not abided by Section 73(AB) of the Maharashtra Co-operative Societies Act, 1960, Since they have not executed the Indemnity Bond, which is the requirement of this statutory provision. Consequently, they are deemed to have vacated the office. 2. When the matter was being argued and attention of the petitioners, as also, of the Contesting Respondents was invited to page 11 (K) of the Writ petition, time was sought on the earlier occasions to take instructions and make a statement as to whether the petitioners are ready for fresh elections. 3. Mr.Vashi, after taking instructions from the Vice-Chairman (petitioner no.3) makes a statement that the petitioners are ready and willing to have fresh elections. The Respondent no.2 who is the contesting respondent/complainant states that the co-opted Members can continue as Managing Committee Members and there :3: :3: :3: need not be any fresh elections. However, after the matter was argued for some time and considering that the petitioners are not opposing even the appointment of an Administrator to take temporary charge of the affairs of the Society, Respondent no.2 does not press his complaint any further. In the interest of the Society and for appropriate and efficient management thereof, it is desirable that the Administrator appointed by the Deputy Registrar, namely Mr.S.M.Mohite, Co-operative Officer, (Grade-I) MHADA, takes charge as an Administrator and carries on day to day affairs and management of the Society until fresh elections are held. 4. The petitioners are ready and willing to hand over the Record, Documents and Papers to Mr.S.M.Mohite, the Sole Administrator within a period of 15 days from today. After the Records are handed over, the Administrator to take steps and finalise the Voters list. Both sides state, that there are 172 Members of this Co-operative Housing Society. If that be so, the finalisation should not take much time. The Administrator to finalise the said Voters list and duly :4: :4: :4: publish it within a period of 15 days from the date all Records and Documents are handed over to him. Thereafter, he shall take further steps with regard to the election and complete the entire process by 15.05.2008. 5. Needless to state, that if there are any pending proceedings, which the petitioners are either prosecuting or defending, these orders and directions shall be construed as having been made without prejudice to the rights and contentions in the same. Petition disposed off. No costs. sd/- ********