IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition (Lodging) No. 1008 of 2008 1. Mr.Dhananjay Janardhan Patil and others ..Petitioners vs. 1. State of Maharashtra and others ..Respondents. Mr.C.S.Naidu i/b M/s C.R.Naidu and Co. for petitioners. Mr.R.J.Mane, A.G.P. for respondent no.1. Mr.C.P.Deogirikar for respondent nos.2 and 3. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. 16th April, 2008 16th April, 2008 16th April, 2008 P.C. P.C. P.C. 1. This writ petition under Article 226 of the Constitution of India is directed against the order which has been passed by the Authorities under the Maharashtra Cooperative Societies Act, 1960. The petitioners are aggrieved by the order dated 10th March, 2008 in Revision Application No.2707 of 2007. The Minister of Cooperation and Textile, Government of Maharashtra by order on the revision application, which was filed before him by one Narottam Janardhan Patil and Bhanudas Vithoba Naik who are impleaded before me as party respondents and more particularly party respondent nos.2 and 3, has set aside the order of the Divisional Joint Registrar dated 18th May, 2007 and restored the order of 5th December, 2006 of the Deputy Registrar. The restoration has resulted in appointment of the Administrator on the society, namely, Mahim Causeway Macchimar Cooperative Housing Society Ltd. The Administrator has been directed to hold elections. 2. After this petition was argued for some time both sides agree that this Court need not go into the larger controversy as to whether the present Managing Committee has vacated its office on account of the alleged resignation being tendered. Further, they request that the Court should not pronounce upon the effect of byelaws and more particularly byelaw 132(e). It is also agreed between the parties that this Court should not go into the rival contentions with regard to the appointment of the Administrator and whether section 77A contemplates any prior hearing being afforded to the petitioners before the order of appointing Administrator is passed by the authorities. 3. Both sides agree that ad-interim order granted by this Court may continue. Resultantly, the parties agree that existing Managing Committee of the said society shall continue to manage the affairs until fresh elections are held. They agree that the Managing Committee shall carry on only day to day affairs and not take any major policy decisions. They further agree that the elections should be held within a period of three months from today. It is also agreed by the parties that an independent person be appointed as an Election Officer. 4. Mr.Mane, after taking instructions, makes a statement that the Deputy Registrar, Cooperative Societies, MHADA, Mumbai shall appoint an officer who shall act as an election officer and conduct the elections of the subject society. Both sides will extend all cooperation to the Election Officer. The Election Officer to prepare the voters list and thereafter publish the election programme. The Managing Committee shall assist the election officer in abiding by the time period stipulated in this order and hold elections as directed. 5. I am informed that the Bank account of the petitioner no.6 society with Bombay District Central Cooperative Bank, Mahim Branch has been frozen. Without prejudice to the rights and contentions of the parties, it is directed that the Bank account shall be allowed to be operated and what the Managing Committee is expected to incur is only day to day expenses and only such of the amounts which are required for the same shall be allowed to be withdrawn after a cheque is drawn in favour of the concerned person. The existing Managing Committee to maintain all accounts and if respondent nos.2 and 3 desire to inspect the same, allow inspection thereof and even furnish the xerox copies at their expenses. 6. Petition stands disposed of in the above terms. No order as to costs. 7. All concerned to act on authenticated copy of this order. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)