(1) WP 8407.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8407 OF 2010 Abu S/o Ismail Shaikh and ors. Petitioners VERSUS The State of Maharashtra and ors. Respondents ..... Mr. H.I. Pathan, Advocate h/f. Mr. P.P. Dama, Advocate for the Petitioners. Mr. K.S. Patil, A.G.P. for the Respondent-State. Mr. A.N. Irpatgire, Advocate for the respondents ..... CORAM : V.R. KINGAONKAR, J. DATED : 13TH JANUARY, 2011 ORAL ORDER:- 1. Heard. 2. There were 13 members of the Multi-purpose Co-operative Society. It appears that out of thirteen (13) members of the Managing Body, eight are unavailable to participate in day to day affairs due to resignations or otherwise. Only five members are available to participate in the proceedings of the Co-operative Society. The competent authority therefore dissolved the management body in the exercise of powers under section 78(1) of the (2) WP 8407.2010 Maharashtra Co-operative Societies Act, 1960. The elections for the vacant posts are announced. It is argued that the resignation of some of the members are not yet accepted. The competent authority to take appropriate decision immediately before filling up the vacancy by way of election. 3. The contention on behalf of the petitioners is that the five elected members also cannot be allowed to continue as members of the elected body because they will not complete the coram. In other words, the purport of the present Petition is to oust the elected five members from the management of the Co-operative Society. That cannot be done for the simple reason that they cannot be forced to seek election again. They are not disqualified otherwise to remain as members of the managing committee. The impugned order is therefore not required to be interferred with. Petition dismissed. Sd/- [V. R. KINGAONKAR, J.] arp