ladda-1 wp-5959-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5959 OF 2011. Mahesh I. Parekh .. .. .. Petitioner. Versus Divisional Joint Registrar Co-op. Society R-Ward & Ors .. .. Respondents. Mrs Sumedha Rao, Advocate for the Petitioner. Mr S.D. Rayrikar, A.G.P.for Respondent Nos. 1, 2 and 4. Mr R. Narula i/by M/s Jhangiani Narula & Asso for Respondent No.3. CORAM : RANJIT MORE, J. DATED : 13th September, 2011. P.C.: 1. Heard Mrs Rao, learned counsel for the petitioner, Mr Rayrikar, learned A.G.P. for respondent Nos. 1, 2 and 4 and Mr Narula, learned counsel for Respondent No.3. 2. The petitioner is a Member of then Managing Committee of the Shreeji Darshan Co-operative Housing Society, Kandivali (West), Mumbai ('Society' for short). By this writ petition, the petitioner challenges the impugned order dated 2.6.2011, annexed at page No. 34 to the petition, under section 152 of the Cooperative Societies Act, 1960 ladda-2 wp-5959-11 ('M.C.S.Act, 1960' for short) passed by the Divisional Joint Registrar, Co- operative Societies Mumbai Division, Mumbai, whereby the order passed by the Deputy Registrar, Co-operative Societies, R-Ward,Mumbai under Section 78 of the M.C.S.Act, 1960 has been confirmed. The petitioner also alleged that Shreeji Darshan Co-operative Housing Society is bifurcated by the Respondent No.2 - Deputy Registrar and that alleged bifurcation order is also the subject matter of the writ petition. 3. Mrs Rao, after taking instructions from the petitioner, now, makes a statement that the Managing Committee has handed over charge of the Society to the Administrator, Shri S.N.Salunkhe on 13.6.2011. This statement is not disputed by Mr Rayrikar, learned A.G.P. for respondent Nos. 1,2, and 4. Since charge is handed over to the Administrator, the petitioner does not press the prayer regarding challenge to the order under Section 78 of the M.C.S. Act,1960. 4. So far as the alleged bifurcation of the Shreeji Darshan Co- operative Housing Society is concerned, Mrs Rao makes a statement that said Society was not bifurcated. She further submits that by the order dated 13.5.2011 the Deputy Registrar registered a new Society, namely Shreeji Darshan 'A' Building Co-operative Housing Society. She states that the petitioner would challenge said order before Appropriate Authority. In view of the statement, the second prayer also will not survive. 5. Admittedly, the Administrator is appointed for a period of six months, He is under statutory obligation to constitute a new Managing Committee in fresh election. The writ petition is accordingly disposed of ladda-3 wp-5959-11 by passing the following order:- ORDER. (a) The Administrator Mr S.N.Salunkhe is directed to initiate process for holding election to the Managing Committee of the Society and complete the same on or before 31st December,2011. (b) Petitioner is at liberty to challenge the order dated 13.5.2011 passed by Respondent No.2 by filing appropriate proceeding before the Appropriate Authority. (RANJIT MORE, J.)