wp5028­11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5028 OF 2011 Balasaheb Babaso Patil & Ors ..Petitioners versus Hanamant B. Kanade & Ors ..Respondents Mr.R.S.Ghadge i/by Mr.A.S.Desai for the petitioners. Mr.S.R.Ganbavale for respondent No.1. Mr.S.N.Bhosle, A.G.P for respondent Nos.2,3 and 17. CORAM : S.C.DHARMADHIKARI, J. 12th July 2011. P.C.: . The petitioners and respondent Nos.6 to 13 are all the members of the respondent No.5-Society. 2 An order was passed by the Assistant Registrar, Co- operative Societies, Gadhinglaj on 25th February 2011, superseding the managing committee of the respondent No.5- Society. He appointed Board of Administrators consisting of three Government Officers. That order of the Assistant Registrar was wp5028­11.doc 2 challenged by way of an appeal by the petitioners and it is common ground that the Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur allowed this appeal and set aside the order of the Assistant Registrar. That order of the Divisional Joint Registrar delivered on 20th June 2011 was assailed by one Hanumant who is 1st respondent to this petition by filing a Revision Application bearing No.593 of 2011 before the State Government. That revision application invoked jurisdiction of the State Government under section 154 of the Maharashtra Co-operative Societies Act, 1960. The said revision application was pending. It appears that an interim application was moved for the stay of the order of the Divisional Joint Registrar and although a caveat was entered by the petitioners and they informed that no ex-parte orders shall be passed, Minister of State for Co- operation made ex-parte order of stay on 28th June 2011. The petitioners are before this Court pointing out that, by the order of stay what happens is that the order of Assistant Registrar superseding the managing committee and appointing Board of Administrators stands revived. Although, such an order has been set aside by the Divisional Joint Registrar in appeal without wp5028­11.doc 3 adverting to the correctness and even recording his prima facie conclusion as to whether order of the Divisional Joint Registrar is erroneous or not, the Minister has thought it fit to grant a stay. 3 After hearing the petitioner’s advocate and that of the 1st respondent, so also the learned A.G.P, I am of the opinion that the course adopted by the Minister of State for Co-operation is clearly impermissible in law. One cannot make an ex-parte interim order virtually allowing the main proceedings. The Court of law also does not adopt this course and that too when it is brought to its notice that caveat has been filed by the affected parties. The State Government does not deem it fit to follow the basic tenets of fair play, equity and justice. The ex-parte order has severely prejudiced the petitioners and I am satisfied that there was no occasion for making it. There is no reason assigned other than some steps being taken by the Board of Administrators. The Minister should have been aware that all such steps are subject to the legal rights of parties and pending proceedings. Therefore, merely because certain steps have been taken to eventually hold elections, does not mean that order of stay was justified. For all wp5028­11.doc 4 these reasons, the impugned order dated 28th June 2011 is quashed and set aside. The revision application will now be heard on its own merits and in accordance with law by the concerned authority in the State Government and if it is not disposed off within a period of two weeks from today, the Minister for Co- operation or Minister of State for Co-operation, both shall not hear it thereafter. It must be then heard by the Secretary in the Department of Co-operation and Textiles of the Government of Maharashtra. With these directions and hoping that the revision proceedings will be disposed off expeditiously, by the authority, that the writ petition is allowed. The impugned order is quashed and set aside. It is clarified that this Court has not expressed any opinion on the rival contentions on merits of the parties. (S.C.DHARMADHIKARI, J)