1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2738 OF 2011 (Kishore Laxman Parve and others vs. Vividh Karyakari Sahakari Sanstha and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri V.D. Raut, Advocate for the petitioners. ------ CORAM : R.M. SAVANT, J. DATED : JUNE 16, 2011 The above petition under Articles 226 and 227 of the Constitution of India takes exception to the order dated 2/5/2011 passed by the Maharashtra State Cooperative Appellate Court whereby the Appeal filed by the petitioners being Appeal No.13/2011 came to be dismissed and resultantly the order dated 14/2/2011 passed by the Cooperative Court rejecting the application (Exh. 5) filed by the petitioners for stay of the Resolution passed in the Annual General Meeting dated 10/11/2010 2 appointing the respondent no.5 as a delegate of the respondent no.1 Society for the ensuing elections to Nagpur District Central Cooperative Bank, for which voting is to take place on 19/6/2011, came to be confirmed. The petitioners herein are the original disputants and as indicated above, have questioned the Resolution passed in the meeting dated 10/11/2010 inter alia on the ground of various irregularities committed in the conduct of the said meeting. It was the case of the petitioners that the meeting in fact was never held and, therefore, Resolution in question by which the respondent no.5 was appointed as a delegate cannot be allowed to be implemented. In the said dispute, the petitioners filed an application for grant of stay to the execution and implementation of the said Resolution. The Cooperative Court on the basis of the material that was before it reached the conclusion that in the absence of the President and Vice President, respondent no.5 Suresh Borade had presided over the meeting as a Chairman. The Cooperative Court also 3 took into consideration the fact that 262 members were present in the meeting and all the subjects on the agenda were discussed and appropriate Resolutions passed in that behalf. Insofar as the filing of the dispute is concerned, the Cooperative Court observed that though the Resolution was passed in the Annual General Meeting dated 10/11/2010, the petitioners had filed the dispute after about two months of the said meeting. The Cooperative Court, therefore, by order dated 14/2/2011 rejected the application filed by the petitioners for stay. Aggrieved by the said order dated 14/2/2011, the petitioners filed Appeal No. 13/2011 in the Maharashtra State Cooperative Appellate Court. The Appellate Court reiterated the findings of the Cooperative Court and confirmed the order. Having perused the impugned orders passed by the Cooperative Court and the Maharashtra State Cooperative Appellate Court and the reasons cited by them for rejecting the 4 application for stay, in my view, the said reasons are unexceptional and do not warrant interference in the writ jurisdiction of this Court. The writ petition is accordingly dismissed. JUDGE khj