1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2660 OF 2008. 1.Sambaji S/o Appasaheb Pandit, Age 51 years, Occ.Agri., R/o Daithan, Tq. Gevrai, Dist. Beed. 2. Rambhau S/o Kashinath Mule, Age 55 years, Occ.Agri., R/o Main Road, Georai, Tq. Georai, Dist. Beed. 3. Bhagwat S/o Jagannath Lonkar, Age 52 years, Occ.Agri., R/o Nipani, Dist. Beed. 4. Taluka Kharedi Vikri Sangh, Mondha, Georai, Tq. Georai, Dist. Beed, through its Chairman. ... Petitioners. Versus 1. The State of Maharashtra, through its Principal Secretary Co-operation, Marketing and Textile Department, Mantralaya, Mumbai. 2. The Desk Officer, Maharashtra State, Cooperation, Marketing and Textile Department, Mantralaya, Mumbai. 2 3. The District Deputy Registrar, Co-operative Societies, Beed. 4. The Assistant Registrar, Cooperative Societies, Georai, Tq. Georai, Dist. Beed. 5. The Administrative Board, Taluka Kharedi Vikri Sangh, Mondha, Georai, Tq. Georai, Dist. Beed. ... Respondents. ... Mr.R.L.Kute, advocate for the petitioners. Mr.D.V.Tele, A.G.P. for the State. Mr.G.K.Thigle, advocate for the Respondent No.5. ... CORAM :V.R.KINGAONKAR,J. Date :09.06.2009 PER COURT 1. Rule. Rule made returnable forthwith and heard finally by consent. 2. By this petition, the petitioners seek to challenge order dated 17.3.2008, rendered by the learned Assistant Registrar of the Cooperative Societies U/s 73-H of the Maharashtra Cooperative Societies Act, 1960. There were certain complaints regarding functioning of the 3 Board of Directors of the Cooperative Society, namely,Taluka Kharedi Vikri Sangh,Mondha, Georai. There were some malpractices and allegedly in order to put them under the carpet, elections were not being held for years together. The Assistant Registrar carried out some inquiry. By the impugned order he appointed Board of Administrators. 3. The contention of the petitioners is that the Assistant Registrar was requested to commence election process without any delay, yet, no steps were taken to hold the elections. The petitioners alleged that the Assistant Registrar appointed the three members on the Board of Administrator at the behest of Ex-Minister and MLA Mr.Badamrao Pandit. They would submit that son of said Badamrao Pandit and two other henchmen were appointed to work as the Board of Administrators. They asserted that there is immediate need to hold elections and to modify the order regarding appointment of the Board of Administrators. 4. Heard learned counsel for the parties 4 and learned A.G.P. 5. It emerges from the record that the elections of the Cooperative Society are not held since the year 2002. There is no dispute about the fact that the elections are over due and are required to be urgently conducted. The elections are being postponed for some or the other reason. It appears that as and when election process is commenced, some or the other party had approached this Court and there were technical faults which delayed the process of election. The petitioner has placed on record copy of letter issued by the Ex-State Minister Mr.Badamrao Pandit to the then State Minister of Cooperation Department on 4.7.2007. The letter shows that names of the three members, who have been now appointed as the President and members were indicated by the Ex- Minister/MLA. The record goes to show that the Assistant Registrar was influenced due to the recommendation so made by the said Ex-Minister. He readily accepted the recommendations. The Board of Administrators, however, did not take over the charge. It is an admitted fact that 5 presently the Assistant Registrar of the Cooperative Societies has taken charge and he has nominated an Officer to conduct business of the Cooperative Society. Considering the subsequent developments and the peculiar fact situation, I am of the opinion that presently the need of the hour is to hold elections without any delay. The appointment of the three persons, namely, Yudhajit Badamrao Pandit, Kailas Mane and Ganesh Bedre as President and members of the Board of Administrators, respectively vide the impugned order is improper, unfair and liable to be quashed. 6. In the result, the petition is allowed and the impugned order is quashed. However, the appointment of the Assistant Registrar, Cooperative Society, shall be continued and he will be required to discharge functions as the sole Administrator of the said Cooperative Society. He may co-opt two members from the Cooperative Department to assist him in the day today functioning so as to carry out the administration of the Cooperative Society. He 6 may immediately appoint a Special Auditor to conduct the Special Audit of the Cooperative Society for the period in which the earlier Board of Directors was functioning. The Assistant Registrar shall prepare list of voters and shall publish it within a period of two (2) months. He shall manage to conduct the elections of the Cooperative Society. An appropriate election programme shall be published within a period of three (3) months after the objections to the voters list are removed. The elections shall be thereafter conducted as per the election programme and if so required Police help may be rendered by the concerned Superintendent of Police, Beed, in order to carry out smooth conduct of the elections. (V.R.KINGAONKAR,J.) asp/office/wp266008