1 WP No.11134/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.11134 OF 2010 NIVRUTTI PRALHAD AMRUTKAR VERSUS THE DIVISIONAL JOINT REGISTRAR AND ORS ... Advocate for Petitioner : Mr. Hon Vinayak D. AGP for Respondents: Mr.KJ Ghute-Patil. ***** CORAM : K.U.CHANDIWAL, J. DATE : 28th NOVEMBER, 2011. PER COURT : 1) Heard learned Counsel for the petitioner and learned AGP. 2) The petitioner, with his other members, has been elected as Managing Committee Members of Bhadgaon Taluka Parisar Gramin Bigar Sheti Sahakari Patsanstha Ltd., Bhadgaon (hereinafter to be referred to as the Credit Cooperative Society) in the elections held on 4th March, 2009 for the period of five years, i.e. up to 4th March, 2014. The accepted position is, there was no General Body meeting held for the financial 2 WP No.11134/2010 years 2006-2007, 2007-2008 and 2008-2009. 3) The authorities concerned lost sight of the basic fact that for these three years, the petitioner or his body was not officiating in the said Credit Cooperative Society and, therefore, could not be held responsible for not holding general body meeting for the preceding three years. 4) So far as financial year 2009-2010 is concerned, the position was explained to the Assistant Registrar as the entire record was seized in criminal proceedings and request to hand over the record to the court concerned did not yield result. Consequently, the Assistant Registrar has extended time to furnish the audit. It is informed and not disputed, thereafter general body meeting for the year 2009-2010 is held on 13.11.2010. Consequently, the petitioner has acted in tune to the scheme as asked under Section 75 of the Maharashtra Cooperative 3 WP No.11134/2010 Societies Act, 1960 and the Rules framed thereunder. 5) Taking survey of above facts, the order dated 26.10.2010 passed by the Divisional Joint Registrar, Cooperative Societies, Nasik and also the order dated 2nd December, 2010 passed by Assistant Registrar, Cooperative Societies, Bhadgaon, disqualifying the petitioner as Chairman of the Credit Cooperative Society, are set aside. 6) The Writ Petition is allowed to the above extent. (K.U.CHANDIWAL) JUDGE bdv/