1 WP.441/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 441 OF 2010 Gunwant Shravanji Wadibhasme ...Petitioner.. Vs. The State of Maharashtra & Ors. ....Respondents. ---- Mr. Omar Khaiyam Shaikh, for the Petitioner. Mr. S.S. Joshi, AGP for Respondent Nos.1 to 4. ..... CORAM: MOHIT SHANTILAL SHAH C.J. & S.C. DHARMADHIKARI, J. DATE : 29th JUNE, 2010. P.C. 1] The learned counsel appearing for the petitioner states that respondent no.5 has been served and that affidavit of service to that effect will be filed during the course of tomorrow. Affidavit of Service to be filed within the course of tomorrow annexing thereto Registered Post acknowledgment. 2] We have heard the learned counsel for the petitioner and learned AGP for respondent nos.1 to 4. 3] This Writ Petition under Article 226 of Constitution of India filed by the petitioner seeking issuance of writ of mandamus to direct the Assistant Registrar or Deputy District Registrar to conduct inquiry as per 2 WP.441/2010 section 83 read with section 88 of the Maharashtra Co-Operative Societies Act, 1960 (referred to as ‘the Act’) in respect of affairs of Respondent No.5. 4] It is brought to our notice that the Administrator took charge of respondent no.5-society on 2.5.2009 to manage the affairs of the society, therefore, the term of the Administrator expires upon completion of six months from 2.5.2009. The section 77-A(3)of the said Act provides that the Administrator shall hold office for a period of six months from the date of assuming the charge and shall make necessary arrangement for constituting a new committee within the said period and for enabling the new Committee to enter upon office. 5] Since none on behalf of respondent no.5-society is present before us, no information is placed as to whether any steps have been taken for holding election or appointing new Managing committee of respondent no.5-society. However, respondent nos.1 to 3 shall take necessary steps for ensuring that election is held by the management as expeditiously as possible and in any case within a period of three months from today in cae elections are not already held so far. 6] As regards the petitioner’s prayer for conducting inquiry by the Registrar as per section 83 of the said Act, the learned counsel appearing for the respondents-authorities submits that such an inquiry would be 3 WP.441/2010 required to be made if 1/3rd of members of respondent no.5-society make an application to hold an inquiry into the affairs of the society. 7] In the facts and circumstances of the case, and in the interest of justice, we direct respondent no.2 to look into the petitioner’s presentations/applications dated 4.5.2009, 7.8.2009 and 11.9.2009 in this regard as expeditiously as possible. 8] It is clarified that the above direction is given without looking into the merits of the contents of the representations/applications and the correctness of the allegations made in the application. The petition stands disposed in the above terms. CHIEF JUSTICE S. C. DHARMADHIKARI, J.