-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.6576 of 2007 1. Mr.Sandeep Gupte and others ..Petitioners vs. 1. State of Maharashtra and others ..Respondents Shri C.J.Sawant, Sr.Counsel i/b Shri Vishal Ghosalkar for petitioners. Shri R.M.Patne, A.G.P. for respondent nos.1 to 3. Shri M.P.Vashi with Shri N.K.Singh for respondent nos.5 to 8 CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 25th January, 2008 25th January, 2008 25th January, 2008 P.C. P.C. P.C. 1. The petitioners are aggrieved by the order passed by the Deputy Registrar, Cooperative Societies, Kalyan Taluka, Kalyan on 30th July, 2007 superseding the Managing Committee and appointing the Administrator. 2. The said order was challenged before the Divisional Joint Registrar, Konkan Division, Navi Mumbai by filing an appeal being Appeal no. 26 of 2007 but the said appeal has also been dismissed. 3. The show cause notice dated 16th March, -2- 2007, copy of which is annexed at Annexure B to the petition, inter alia, alleges that the petitioners were obliged to comply with the mandate of section 73(1AB) and execute necessary bond within the period specified therein. That is admittedly not executed. In such circumstances and for such acts of omission and commission the subject show cause notice was issued. 4. At the relevant time at which the matter was before the authorities under the Act, it appears that the legal position was not settled. Now, after the decision of this Court, it is apparent that non furnishing of the bond can result in the supersession of the Committee and section 78 could be very well resorted to for the same. This fact is not disputed by the petitioners and the original complainants/respondent nos. 5 to 8. 5. There are other charges and allegations in the show cause notice but it is not necessary to deal with them in as much as the ultimate conclusion of the Deputy Registrar of appointing the Administrator can be upheld on the ground that the petitioners did not comply with the -3- mandate of law as regards execution of the bond within the period specified in law. In such circumstances, their supersession and replacing them with the Administrator must follow. All other charges and allegations, now, do not survive in the light of the fact that the Administrator can step in. 6. In such circumstances, it is not necessary to scrutinise the legality and validity of the impugned order on other grounds and charges. 7. The petitioners agree and undertake to hand over the charge to the Administrator who shall be person designated and appointed by the Registrar of Cooperative Societies. However, it is directed that in no case the Administrator shall be the Deputy Registrar, Cooperative Societies, Kalyan Taluka, Kalyan. Any Deputy Registrar other than this authority can step in as Administrator. 8. The Administrator shall after taking charge so also taking into custody all books, record, papers and documents administer the day to day affairs of the society in question and shall not take any major policy decisions including -4- effecting any transfers or enrolment of new members. He shall endeavour to hold elections as expeditiously as possible and within a period of four months from the date he assumes the charge. Elections shall be held after a complete voters list is prepared by the said authority. Petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)