wp3703.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.3703/2011 Rajendra Sahebrao Wankhade and others -vs- The Divisional Jt. Registrar, Coop. Societies and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri V. A. Kothale, counsel for the petitioners. Shri Pathan, AGP for the respondent Nos.1 and 2. Shri A. V. Gawande, counsel for the respondent No.3. Shri I. W. Patil, counsel for the respondent No.4. CORAM : SMT. VASANTI A. NAIK, J. DATE : 17.10.2011. Heard. The petitioners have impugned the orders dated 14/03/2011 and 14/06/2011 removing the petitioners from the membership of the managing committee of the society on the ground that though the petitioners had contested the election from the borrowers category, they had not borrowed any crop loan after the previous election conducted on 11/04/2004. The previous election to the society was held on 11/04/2004 and the next elections were scheduled on 21/03/2010. The petitioners were nominated from the borrowers category and were elected as members on the managing committee of the society. The respondent No.4 filed an application for removal of the petitioners from the membership of the society on the ground that the petitioners wp3703.11.odt 2/2 did not fall within the borrowers category and hence, could not have been elected from that category of membership. It is not in dispute that the petitioners had not borrowed any crop loan after 11/04/2004, that is the date of the previous election and till the recent election was held on 21/03/2010. In this background, the authorities rightly held that the petitioners could not have been elected to the managing committee of the society from the borrowers category. In fact, the petitioners fell in the non borrowers category as defined in the bye-laws of the society. The submission made on behalf of the petitioners that the petitioners were rightly nominated from the borrowers category as they had repaid some of the loan which they had obtained before 11/04/2004, after 11/04/2004, the date of previous election is ill founded and is liable to be rejected. The orders passed by both the authorities are just and proper and call for no interference in exercise of the writ jurisdiction. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE KHUNTE