bsb 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 WRIT WRIT PETITION NO. 4581 OF 2009 PETITION NO. 4581 OF 2009 PETITION NO. 4581 OF 2009 Mr.Suryakant Rajaram Chavan & ors. ... Petitioners v/s Assistant Registrar, C.S., & ors. ... Respondents Mr.U.R.Bobade with A.V.Yadav i/by A.Z.Mookhtiar for the petitioners. Mr.P.P.Kakade, A.G.P. for Respondent Nos.1 and 3. Mr.M.C.Dixit for respondent Nos.14 and 16. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 8TH MAY, 2009 8TH MAY, 2009 8TH MAY, 2009 P.C. P.C. P.C.: 1. The petition has been filed challenging the order passed by the Divisional Joint Registrar confirming the order passed by the Assistant Registrar, Co-operative Societies, "E" Ward, Mumbai, under Section 78(1) of the Maharashtra Co-operative Societies Act, 1960. By that order, the Assistant Registrar had appointed an Administrator for the Society. 2. Several grounds have been raised to challenge this order including that, (i) no hearing was given by the Assistant Registrar to the Managing Committee; (ii) 2 there was no effective consultation with the federal society; (iii) the bonds had been executed by the Managing Committee within the required period i.e. within 15 days of assuming office. 3. This order impugned in the petition has been passed on 6.4.2009. It appears that an election petition was filed by the respondents which has been decided on 9.4.2009. On that day, the execution and operation of the order was stayed for 10 days i.e. till 19.4.2009. The Trial Court held that the present Committee was permanently restrained from taking any policy decision and that it can continue only as an ad-hoc committee. It was directed to approach the Registrar within two weeks from the date of the order for the appointment of an Administrator and for initiation of a fresh election process. This order has been appealed against by the petitioners. However, no interim relief has been granted by the appellate Court and thus, in the facts and circumstances, this petition has become infructuous. The petitioners no longer continue in office as elected members and are continued only as an ad-hoc committee. 4. In view of this, Mr.Kakade, the learned A.G.P. appearing for respondent Nos.1 and 3 states that the Administrator will not take charge as directed by the 3 order of the Assistant Registrar dated 23.1.2009. However, the administrator will be appointed as directed by the Trial Court in Dispute No.CC/III/616 of 2006. 5. Writ petition recejcted accordingly. .....