-: 1 :- wp. 621/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 621 OF 2011 Himmat S. Bhanushali & Ors. ..Petitioners. Versus The Dy. Registrar, Co-operative Societies & Ors. ..Respondents. Mr. Dharmesh Jain i/b Mr. P. M. Shah for the petitioners. Mr. R. M. Patne, AGP for R-1 & 2. Mr. Milind Sathe with Ms. Mulesha Jain for R-4. Coram : RANJIT MORE, J. Date : April 7, 2011. P. C. : 1. Heard learned counsel for the respective parties. Petitioner no.6 is the society and petitioner nos.1 to 5 are the managing committee members of petitioner no.6-society. Respondent no.3 – Administrator was appointed by respondent no.1 on petitioner no.6 society under section 77-A and 73-H(2) of the Maharashtra Co- operative Societies Act, 1960 [for short “the said Act”]. The Administrator was appointed mainly on two grounds; firstly, the Bonds as contemplated under section 73(1AB) of the said Act have not been filed by the petitioner nos.1 to 5; and secondly, even otherwise term of the managing committee had expired on 15th October 2010. This order of the Dy. Registrar was challenged by srp -: 2 :- wp. 621/11 the petitioners by filing an appeal under section 152 of the said Act before respondent no.2 – Divisional Joint Registrar. By order dated 3rd January 2011, which is impugned in this petition, respondent no.2 admitted the petitioners’ appeal however refused to grant any interim relief. 2. It is not disputed that term of the earlier managing committee, of which petitioner nos. 1 to 5 are members, expired on 15th October 2010. Learned counsel for the petitioners, however, submitted that fresh elections were held on 28th November 2010. Mr. Milind Sathe, learned senior counsel for respondent no.4, however, disputed the holding of such fresh elections by petitioner nos. 1 to 5. He submitted that notice under section 77-A was issued by the Dy. Registrar on 3rd November 2010. Pursuant to the said notice, petitioners appeared before the Dy. Registrar on 18th November 2011 and took time to file reply. The reply was filed on 30th November 2011 in which it is stated that the elections were held on 28th November 2011 as per the election programme declared on 20th November 2011. 3. The aforesaid facts, more importantly the dates, show that the petitioners after issuance of notice dated 3rd November 2011 tried to create record of holding of fresh elections. Learned counsel for the petitioners, however, submitted that the -: 3 :- wp. 621/11 petitioners have no objection if the fresh elections are directed to be held. In the aforesaid facts and circumstances, the petition is disposed of by passing following order. -: O R D E R :- (i) Respondent no.1–Dy. Registrar himself or through any other Officer from his Department is directed to initiate and conclude the election to the managing committee of petitioner no.6-society within the period of two months from the date of receipt of a copy of this order. (ii) It is made clear that no interference is made in the impugned order. (RANJIT MORE, J.)