ssp 1 WP 3509 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3509 OF 2011 Bhila Sravan Deore and Ors. .....Petitioners versus The State of Maharashtra & Ors. ..... Respondents Mr.C.G.Gavnekar, for the petitioners. Ms.P.S.Cardoza, AGP, for respondent Nos.1 to 4. CORAM: RANJIT MORE, J. DATE: 04th MAY, 2011 P.C. : 1. Heard the learned counsel for the respective parties. The petitioners challenge the order of Under Secretary, Co-operative Department, Government of Maharashtra, dated 03-03-2011 passed under Section 73-1(B) of the Co-operative Societies Act, whereby and whereunder the election of respondent No.5 was postponed for a period of six months from 18-04-2011. 2. The reason given in the said order for postponing election is that the extension to the Managing Committee of respondent No.5 is required to be given for recovery of loan amount. The loan can be recovered by the new Managing Committee also and that cannot be a ground to postpone the election under Section 73-1(B). The election of the Co-operative Society can be postponed in exceptional circumstances ssp 2 WP 3509 of 2011 and only in public interest. The exceptional circumstances does not spell out from the order dated 03-03-2011. The order also does not speak about any public interest. The tenure of the Managing Committee of respondent No.5 is already expired on 17-04-2011. In a democratic setup, elections are required to be held before the expiry of tenure of the Managing Committee of respondent No.5. In my view, the impugned order is not at all sustainable and the same is not passed in consonance with the provisions of Section 73-1(B) of the Act and deserves to be quashed and set aside. The above petition is accordingly allowed and the impugned order dated 03-03-2011 is quashed and set aside. The respondent No.4 shall proceed to hold election of respondent No.5 in accordance with law. ( RANJIT MORE, J. )