1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 767 0F 2010 *** Dhanraj s/o Bhagwanrao Patil Versus The State of maharashtra and others *** Mr. R. D. Biradar, Advocate for the Petitioner. Mrs. R. K. Ladda, A.G.P. for the Respondent No.1. *** 1. This petition, by only one petitioner, challenges the order passed by the learned Divisional Joint Registrar, Cooperative Societies, Latur dated 16th October, 2009 in Appeal No.28 of 2009. This was an appeal under section 152 of the Maharashtra Cooperative Societies Act, 1960 [The said Act, for short] against the order passed by the learned Assistant Registrar, Cooperative Societies on 15th April, 2009 under section 78 of the said Act. Learned counsel for the Petitioner submits that the society concerned does had a Board of Directors containing around 13 members. Out of these 13 members, 5 members put in their papers. Three seats are vacant. Thus, around 8 seats now are vacant, out of 13 members of the Board of Directors. Learned Assistant Registrar, Cooperative Societies, after hearing the parties, passed order under section 78 (1) of 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. the said Act. He has removed the Board of Directors of the society concerned and appointed one Mr. Govind Musane, Bank Inspector, Latur District Central Bank, as Administrator to look after the day to day affairs of the society in question. This order passed by the learned Assistant Registrar, Cooperative Societies was challenged by five members of the Board by filing appeal under section 152 before the Divisional Joint Registrar, Cooperative Societies, Latur. That appeal is partly allowed by the learned Divisional Joint Registrar, Cooperative Societies. With the assistance of learned counsel for the Petitioner and learned A.G.P. on behalf of Respondent Nos.1, 10 and 11. I have perused the operative part of the order and/ or judgment of the learned Divisional Joint Registrar, Cooperative Societies. The learned Divisional Joint Registrar, Cooperative Societies has maintained the order passed by the learned Assistant Registrar, Cooperative Societies in part i.e. so far appointment of Administrator is concerned. He noticed that the functioning of the society virtually came to standstill position. He, therefore, directed the 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. election of the vacant seats of Board of Directors. 2. Counsel for the Petitioner submits that the petitioner, one member of the Board of Directors, is seeking appointment of Administrator by this Petition. He also challenges the order passed by the learned authorities i.e. learned Assistant Registrar, Cooperative Societies and learned Divisional Joint Registrar, Cooperative Societies. According to him, it is a case of mala-fides against five persons i.e. four members of the Board and Chairman of the Board. 3. Learned A.G.P. supports the order. Learned A.G.P. submits that the petitioner has tendered his resignation as member of the Board of Directors. This circumstances, in my view, is not material for the simple reason that the petitioner is a member of the society in question. He does have a right to agitate the grievance before the appropriate forum in accordance with the provisions of law. 4. I have considered the submissions of learned counsel appearing for the parties. I have taken into account provision laid down under section 77A and 78 of the said Act. In my view, order passed by the learned 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Assistant Registrar and that of the learned Divisional Joint Registrar, Cooperative Societies cannot be said to be perverse. Administrator is already appointed, who is taking care of the society concerned. Petition is devoid of substance. 5. Petition stands dismissed in limine, without any order as to costs. [S.B.DESHMUKH, J.] Dated:03/02/2010. ans/767