WP.3439-08 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION No. 3439 OF 2008 Shri Mahalaxmi Nagari Seva Sanstha Maryadit & Ors. ...Petitioners Vs. Nitin Kumar Hanumant Salunkhe & Ors. ...Respondents *** Mr. U. B. Nighot i/b Jitendra M. Patil, for the Petitioners. Mr. Sandesh D. Patil, for Respondent No.1. Mr. Mahesh Londhe i/b Mr. Rohan Cama a/w Ms. Pallavi Dedhia & M/s. Sanjay Udeshi & Co. for Respondent Nos. 2, 4 & 5. Mr. R. M. Patne, AGP for Respondent Nos. 7 to 9. *** CORAM: V. M. KANADE J. DATE : FEBRUARY 25, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the petitioners and the respondent. The petitioners are challenging the order passed by respondent No.9. By the said order, the Hon’ble Minister was pleased to confirm the order of appointment of Administrator passed under Section 77(A) of the Maharashtra Cooperative Cooperative Societies Act, 1960 passed by respondent No.7. It is an admitted position WP.3439-08 - 2 - that after initial order of appointment of an Administrator was passed, and the appeal preferred against the said order was allowed and thereby the order of appointment of an Administrator was set aside. The Society thereafter held elections and new Managing Committee was appointed, the term of the said Managing Committee has already expired. In my view, taking into consideration the allegations which are made by both the parties against each other, it would be appropriate if the fresh elections are held by a the Returning Officer who is appointed by respondent No.8. The Returning Officer should preferably be a person, working in the Cooperative Department who is conversant with the process of holding elections. The writ petition accordingly is disposed of. The elections should be held within a period of 8 weeks. Respondent No. 8. Deputy Registrar, Cooperative Societies shall appoint the Returning officer within one week from today and thereafter set out fresh procedure of holding elections. In this view of the matter, the writ petition has become infructuous and therefore, the same is dismissed. 2. The Returning Officer shall file report in this this Court about conduct of the elections, held by him. The writ petition is, accordingly, disposed of. [ V. M. KANADE J.]