1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1708 OF 2008 Baban Sakharam Kamble & Anr. .. Petitioners Versus The Administrator, Shri Rasaidevi Sahakari Pani Purwatha Sanstha Maryadit & Ors. .. Respondents WITH WRIT PETITION NO.1709 OF 2008 Ganpati Dinkar Rane & Ors. .. Petitioners Versus The Administrator, Shri Rasaidevi Sahakari Pani Purwatha Sanstha Maryadit & Ors. .. Respondents 2 Mr.A.A.Kumbhakoni, Associate Advocate General with A.M.Kulkarni for petitioners Mr.S.S.Patwardhan for respondent Nos. 3 to 7 CORAM : S.C.DHARMADHIKARI, J. DATE : th March 2008 P.C. . Heard learned Associate Advocate General for petitioners and Mr.Patwardhan for respondent Nos. 3 to 7. Rule. By consent rule is made returnable forthwith. Respective Counsel appearing for respondents in both petitions waive service. By consent of parties forthwith taken up for final disposal. 2. Both these petitions arise out of interim orders passed by the Coop.Court and Coop.Appellate court in two disputes bearing C.C.S.No.152 of 2008 and 150 of 2008. Both these 3 disputes were filed in respect of elections of managing committee of a primary cooperative society, first respondent in both the disputes for which voting is scheduled to be held on 23rd March 2008. 3. As both the original disputes aforesaid are pending before the trial court, some workable arrangement is required to be made pending the disputes so that the rights and contentions of the contesting parties are not prejudiced one way or the other. 4. The Counsel appearing for contesting parties agree that it is not necessary to give detailed reasons for passing the following order inasmuch as it is apprehended by both the Counsel that the observations made in this order, may influence the trial court in deciding the original disputes finally. 4 5. Both the petitions are disposed off with the following directions:- (a) The Cooperative Court, Kolhapur shall hear and decide the C.C.S.No.152 of 2008 and C.C.S. No.150 of 2008 as expeditiously as possible and in any event within three months from today; (b) A separate Ballot box shall be kept at the time of voting scheduled to be held on 23rd March 2008 and shall be marked as Exh."A". In this ballot box the disputants from C.C.S.No.152 of 2008 viz., Ganpati Dinkar Rane and others (33 persons) will be permitted to cast their votes. This ballot box will be duly sealed and will be kept in the custody of the trial court till the final decision of the aforesaid both the disputes; 5 (c) A separate ballot box shall be kept at the time of voting scheduled to be held on 23rd March 2008 and shall be marked Exh.B. In this ballot box the Opponent Nos. 3 to 31 from C.C.S.No.150 of 2008 viz., Bhikaji Krushna Patil and Ors. (total 19 persons) will be permitted to cast their votes. This ballot box will be duly sealed and will be kept in the custody of the trial court till the final decision of both the aforesaid disputes. (d) A separate ballot box shall be kept at the time of voting scheduled to be held on 23rd March 2008 and shall be marked Exh."C". In this ballot box, the votes cast by voters who are undisputed (i.e. save and except 19 disputed voters - opponents Nos. 3 to 21 in C.C.S.No.150 of 2008) in accordance with the original 6 provisional voters list will be cast and collected. This ballot box will also be duly sealed and will also be kept in the custody of the trial court till the final decision of both the aforesaid disputes; (e) The counting of votes cast in all the aforesaid three ballot boxes will be conducted only after the final decision of the aforesaid two disputes viz., C.C.S.No.152 of 2008 and C.C.S.No.150 of 2008, pending before the Cooperative Court at Kolhapur. The counting of votes will depend upon the final decision of the aforesaid two disputes C.C.S.No.150 and 152 of 2008; (f) Pending the hearing and final disposal of both the aforesaid disputes viz., C.C.S.No.152 of 2008 and C.C.S.No.150 of 2008 before the 7 Coop.Court Kolhapur, the order appointing Administrator shall continue to operate. The Administrator shall handover charge of the 1st respondent - Society to the newly elected Managing Committee of the 1st respondent society in accordance with the final decision in C.C.S.Nos. 152 and 150 of 2008. 6. The above order shall stand substituted with the interim orders rendered by the Courts below and shall operate during the pendency of the disputes which are directed to be decided expeditiously and within the time indicated above. All contentions of both sides on merits are expressly kept open. Interim orders and conclusions therein shall not influence the courts below while deciding the main disputes. 7. Petitions are disposed of in the above terms with no orders as to costs. 8 (S.C.Dharmadhikari, J)