1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | LETTERS PATENT APPEAL NO.212/2009 Dhanraj Shankarrao Sambare VS The State of Maha. & Ors. .... Shri K.J.Suryawanshi,Adv.for appellant. Shri K.B.Choudhari,AGP for State Shri Amol Sawant,Adv.for R.4. .... CORAM : D.B.BHOSALE & R.M.BORDE,JJ. DATE : 31/01/2011. 1] Heard learned counsel for the appellant. 2] Learned counsel for respondent no.4 submits that with the passage of time, the Letters Patent Appeal has become infructuous. 3] We have perused the impugned order passed by learned Single Judge in writ petition no.4671/09 dated 14/9/09. It is clear from 2 the facts of the case that respondent no.4 was removed as a member of the Committee, exercising the powers under Section 78, on the ground that he had incurred disqualification under Section 73FF [1] [i] of the Maharashtra Co- operative Societies Act, 1960 (for short the Act ). Clause (i) of sub-section (1) of Section 73FFF provides that a member who is a defaulter of any society is not eligible for being re-elected as a member of a Committee. The term of 5 years for which respondent no.4 was elected, has already expired and the elections of the society are now due. 4] We have perused the provisions of Section 73FF, Section 73FFF and Section 78 to which our attention was invited by learned counsel for the parties. We agree with the submission of learned counsel for respondent No.4 that the Appeal has become infructuous. 5] Learned counsel for the appellant, however, submitted that since respondent no.4 has been removed as a member of the managing committee under Section 78 of the Maharashtra Cooperative Societies Act, he shall not be eligible to be 3 re-elected till the expiry of the period of one full term of the committee. The submission of learned counsel for the appellant deserves to be rejected outright. The proviso to Clause (b) of sub Section (1) of Section 78 clearly provides that the member who has been removed shall not be eligible to be re-elected as a member of the committee till the expiry of the period of next one full term of the committee from the date on which he has been so removed or till such lesser period as may be laid down under the provisions of Section 73FFF. Sub-section (3) of Section 73FFF provides that a member of a committee who has ceased to be a member thereof on account of having incurred disqualification, other than disqualifications referred to in sub-section (1) and (2) shall, unless otherwise specifically provided in this Act, be eligible to be re-elected as a member of the committee, as soon as such disqualification ceases to exist. 6] In the present case, there is no dispute that respondent no.4 had paid dues long back and as such disqualification ceases to exist. In these circumstances, we are satisfied that this Appeal has 4 become infructuous and disposed of as such. Interim order if any stands vacated. Pending Civil Applications, if any, are also disposed of. (R.M.BORDE,J.) (D.B.BHOSALE,J.) umg/lpa212-09