1 wp3843.2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3843 OF 2011 KJ Ganpatrao Mahipati Kalkute )..Petitioner Vs. The Hon’ble Minister for Cooperation, ) Mantralaya, Mumbai & Ors. )..Respondents ---- Mr.S.S.Kanetkar for the petitioner. Mr.R.M.Patne AGP for respondent nos.1 to 3. Mr.V.B.Tapkir for respondent nos.4 & 5. ---- CORAM : MRS.MRIDULA BHATKAR,J (VACATION JUDGE) DATE : 13/5/2011. PC 1 This writ petition is filed challenging the order dated 4.5.2011 passed by the respondent no.1 vacating the stay granted by him on 5.4.2011. The petitioner has filed Revision No.352 of 2011 wherein he had challenged the order passed by the Divisional Joint Registrar, dated 20.3.2011 wherein, the original order dated 8.11.2010 passed by the Assistant Registrar, Co-operative Society, was confirmed. The main grievance of the petitioner is that the 2 wp3843.2011.sxw stay granted by the authority i.e respondent no.1 was operative from 5.4.2011 till 4.5.2011 and without giving an opportunity of hearing, in his absence, the stay was vacated by respondent no.1. Learned Advocates for respondent nos.1 to 3 and 4 & 5 admit the fact of stay and that when the stay was vacated, petitioner was absent, not informed and so petitioner was not heard. The procedure followed by respondent no.1 is ex-facie violating the basic principles of natural justice as the petitioner in whose favour the stay was granted, was required to inform and was to be heard and therefore, it is a good case to restore the stay and so, prayer clauses-(a) and (b) are granted. In view of reliefs sought in prayer clauses-(a) and (b), by consent, Writ petition is finally disposed of. Stay order dated 5.4.2011 is restored and the respondent no.1 is directed to hear and decide the Revision expeditiously. In result, this petition is disposed of. 2 Learned Advocate for the respondent nos.5 & 6 submits that co-operative society has already declared the election programme and the process of finalysing the voters’ list is going on. However, 3 wp3843.2011.sxw in view of this order, no final voters’ list can be prepared till hearing of the original Revision. Learned Advocates for the parties undertake to communicate this order to their respective litigants/clients and the respondents and the petitioners and their concerned officers. (MRS.MRIDULA BHATKAR,J)