1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7099 OF 2009 Probal Ray and Others .. Petitioners. Vs. The Deputy Registrar, Co-operative Society, H-West Ward, Bandra, Mumbai and Others .. Respondents. Mr.Y.A.Sakhare i/b Y.K.S.Legal for the petitioners. Mr.R.M.Patne AGP for the State. Coram: D.B. BHOSALE, J. Dated : 25TH AUGUST, 2009 P.C. . Heard learned counsel for the parties. 2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself. 3. The petitioners have challenged the order dated 3.8.2009 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai, dismissing an appeal preferred by the petitioners, bearing appeal No.87 of 2009, by which the order dated 4.4.2009 passed by the Deputy Registrar, Co- operative Societies, passed under section 78(1) of the Maharashtra Co-operative Societies Act, 1960 (for short “the 2 Act”) has been confirmed. By the order dated 4.4.2009 the managing committee of Shree Trimurti Co-op. Housing Society Ltd. has been dissolved and an administrator has been appointed to look after the affairs of the society. Till this date the administrator has not taken charge of the society. It appears that during pendency of these proceedings, fresh elections of the managing committee were held on 14.8.2008, and accordingly, the new managing committee took over on 15.8.2009. It is not clear whether the fresh elections were conducted by following the due procedure. Be that as it may, the learned counsel for the petitioner, on instructions, submitted that the the petitioners are prepare to hold fresh elections under the supervision of an officer from the Co-operative department. In view of the statement made by the learned counsel for the petitioner, I am satisfied that the following order shall meet the ends of justice: The Deputy Registrar, Co-operative Society, H-West Ward, Bandra, Mumbai, shall appoint an officer from his office to hold elections of Shree Trimurti Co-operative Housing Society Ltd., of which the petitioners are members, within a period of twelve weeks from today. By consent, the existing managing committee shall stand dissolved after the fresh elections, as aforestated, are held and newly elected body takes over the charge of the society. The petitioners have further agreed that the members of 3 the managing committee against whom the action under section 78(1) of the Act was initiated shall not contest the fresh elections to be conducted in pursuance of this order. Till the newly elected body takes over, the existing managing committee shall not take any policy decision. It is open to respondent no.1 to initiate action against the members of the managing committee, against whom the action under section 78(1) of the Act was initiated, if so advised and if they so desire. If the elections are held within the time stipulated, the orders, impugned in the petition, shall be rendered ineffective. It is needless to observe that the administrator shall not take charge of the society pursuant to the impugned orders. The petitioners are directed to produce a copy of this order before respondent no.1 i.e. the Deputy Registrar, Co-operative Society, H-West Ward, Bandra, Mumbai, within ten days from today. Respondent No.1 is directed to appoint an officer from their office to hold elections in pursuance of this order within a week from the date of production of this order before him. With these observations the Rule is made absolute. No costs. (D. B. Bhosale, J.)