-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2414 OF 2011 Nagesh S. Upase. ..Petitioner. Versus The State of Maharashtra & Ors. ..Respondents. Mr. B. G. Vaidya for the petitioner. Mr. G. M. Salunkhe for R-4 society.] Ms. P. S. Cardozo, AGP for R-1 to 3. Coram : RANJIT MORE, J. Date : March 28, 2011. P. C. : 1. Heard learned counsel for the respective parties. 2. Respondent no.3 on 29th July 2011 passed an order under section 78 of the M.C.S. Act, 1960 thereby appointing Administrator on respondent no.4-Society by superseding the Managing Committee. This Managing Committee was elected in the year 2005 for the period of 5 years. It is not disputed that tenure of the said Managing Committee expired in the month of September 2010. 3. Respondent nos.5 to 9, members of the then Managing Committee approached the Appellate Court by filing an appeal under section 152 of the said Act. During the pendency of appeal, this Court granted stay in Writ Petition No.6406 of 2010. The appeal was ultimately allowed by order dated 23/12/2010. This srp -: 2 :- order is challenged in the present writ petition. 4. The appeal filed by Respondent no.5 to 9 was allowed on the ground that during the pendency of appeal, fresh elections to elect the managing committee members has taken place and the new managing committee is elected in the month of September 2010, and thus appeal itself became infructuous. I find no error in the order impugned. 5. Mr. Vaidya, learned counsel for the petitioner submitted that election of the new managing committee is not legal. This submission cannot be entertained in a proceeding arising out from an order under section 78 of M.C.S. Act. If the petitioner wants to challenge the election of new managing committee, he can do so by filing appropriate proceedings before the appropriate forum. The petition is dismissed. (RANJIT MORE, J.)