1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELATE JURISDICTION APPELATE JURISDICTION APPELATE JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.6852 OF 2007 NO.6852 OF 2007 NO.6852 OF 2007 Shri Shri Shri Dattatraya Hanumant Salokhe & ors..Petitioners Dattatraya Hanumant Salokhe & ors..Petitioners Dattatraya Hanumant Salokhe & ors..Petitioners vs vs vs State State State of Maharashtra & ors .. of Maharashtra & ors .. of Maharashtra & ors .. Respondents Respondents Respondents Mr.S.S.Patwardhan Mr.S.S.Patwardhan Mr.S.S.Patwardhan for Petitioners for Petitioners for Petitioners Mr.S.P.Kadam Mr.S.P.Kadam Mr.S.P.Kadam with Mr.P.D.Dalvi for Respt no.2 with Mr.P.D.Dalvi for Respt no.2 with Mr.P.D.Dalvi for Respt no.2 Mr.A.A.Kumbhakoni, Mr.A.A.Kumbhakoni, Mr.A.A.Kumbhakoni, Asso. Advocate General with Asso. Advocate General with Asso. Advocate General with Mr.V.P.Malvankar Mr.V.P.Malvankar Mr.V.P.Malvankar for Respondent for Respondent for Respondent State State State CORAM CORAM CORAM : F.I.REBELLO AND : F.I.REBELLO AND : F.I.REBELLO AND R.S.MOHITE, R.S.MOHITE, R.S.MOHITE, JJ JJ JJ DATED DATED DATED : 4TH DECEMBER, 2007 : 4TH DECEMBER, 2007 : 4TH DECEMBER, 2007 P.C. P.C. P.C. 1.1.1. On behalf of the petitioner, learned cousel On behalf of the petitioner, learned cousel On behalf of the petitioner, learned cousel submits submits submits that subsequent to the election which has that subsequent to the election which has that subsequent to the election which has been been been held the new managing committee has passed a held the new managing committee has passed a held the new managing committee has passed a resolution resolution resolution not to bifurcate. On behalf of the not to bifurcate. On behalf of the not to bifurcate. On behalf of the respondent respondent respondent no.1 learned counsel no.1 learned counsel no.1 learned counsel on instructions on instructions on instructions makes makes makes a statement that before a decision is taken, a statement that before a decision is taken, a statement that before a decision is taken, they they they will consider the resolution passed by the will consider the resolution passed by the will consider the resolution passed by the committee committee committee and which has been already forwarded to and which has been already forwarded to and which has been already forwarded to the the the respondent no.1. respondent no.1. respondent no.1. 2.2.2. The learned counsel on behalf of the petitioner The learned counsel on behalf of the petitioner The learned counsel on behalf of the petitioner further further further submits that the old resolution which was submits that the old resolution which was submits that the old resolution which was passed passed passed when it came up for confirmation in the when it came up for confirmation in the when it came up for confirmation in the meeting meeting meeting dated 8th October, 2007 at the meeting of dated 8th October, 2007 at the meeting of dated 8th October, 2007 at the meeting of the the the then managing committee and as per the minutes then managing committee and as per the minutes then managing committee and as per the minutes recorded, recorded, recorded, the said resolution was not confirmed. the said resolution was not confirmed. the said resolution was not confirmed. The The The said minutes can also be forwarded to the said minutes can also be forwarded to the said minutes can also be forwarded to the respondent respondent respondent no.1 and the respondent no. 1 shall no.1 and the respondent no. 1 shall no.1 and the respondent no. 1 shall consider consider consider the said minutes according to law. the said minutes according to law. the said minutes according to law. 2 3.3.3. In the light of above, nothing further survives In the light of above, nothing further survives In the light of above, nothing further survives inin in this petition which is accordingly dismissed. this petition which is accordingly dismissed. this petition which is accordingly dismissed. We We We have not decided the petition on merits. All have not decided the petition on merits. All have not decided the petition on merits. All contentions contentions contentions on merits are kept open to be on merits are kept open to be on merits are kept open to be considered considered considered in in in an appropriate petition if petitioner an appropriate petition if petitioner an appropriate petition if petitioner isisis ultimately aggrieved by order of Respondent no.1 ultimately aggrieved by order of Respondent no.1 ultimately aggrieved by order of Respondent no.1 (F.I.Rebello, (F.I.Rebello, (F.I.Rebello, J) J) J) (R.S.Mohite, (R.S.Mohite, (R.S.Mohite, J) J) J)