:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1094 OF 2008 Uma Vilas Narkar, then Honorary Secretary and a member of Sandeshchandra Co-op. Hsq. Soc. Ltd. and 5 Others .. Petitioners. Vs. Mahendra P.Kalyankar, Divisional Jt.Registrar & Ors. .. Respondents. Mr.A.G.Joshi for the petitioners. Mr.Jasbir Saluja AGP for respondent nos.1 to 3 and 12. Respondent nos.9 to 11, present in person. CORAM : DR.D.Y.CHANDRACHUD & CORAM : DR.D.Y.CHANDRACHUD & CORAM : DR.D.Y.CHANDRACHUD & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED : 16TH MAY, 2008. DATED : 16TH MAY, 2008. DATED : 16TH MAY, 2008. (Vacation Court) (Vacation Court) (Vacation Court) P.C.: P.C.: P.C.: . The petitioners are before the court, in a proceeding under Article 226 of the Constitution, aggrieved by an order of the Divisional Joint Registrar dated 25th April, 2008 by which an appeal against an order passed by the Deputy Registrar appointing an Administrator under section 78(1) of the Maharashtra Co-operative Societies Act, 1960 (hereinafter "the Act") came to be dismissed. The Deputy Registrar passed an order under section 78(1) on 1st January, 2008. The Divisional Joint Registrar has confirmed the order of the Deputy Registrar and has held that the appointment of the Administrator :2: :2: :2: was justified only on the ground that the managing committee failed to execute a bond and is deemed to have vacated office under section 73(1AB) of the Act and the stamp papers for the bonds were purchased not in the names of the committee but of the advocate. 2. Section 73(1AB) of the Act interalia provides that every member of a committee of a co-operative society shall execute a bond to the effect that he shall be jointly and severally responsible for all the decisions of the committee and for all the acts and omissions deterimental to the interest of the society within 15 days of assuming office. A member who fails to execute such bond shall be deemed to have vacated his office. Ordinarily, this Court would have been inclined to relegate the petitioners to pursue the remedy under section 154 of the Act. However, learned counsel appearing on behalf of the petitioners submitted that ex-facie the order passed by the Divisional Joint Registrar would show a perversity of approach. Moreover, it was urged that the Divisional Joint Registrar has disposed of the appeal only on the ground that there was no compliance of section 73(1AB) and the other grounds raised in the appeal have not been considered. 3. A perusal of the order of the Divisional :3: :3: :3: Joint Registrar would make it clear that the authority was of the view that since the election results were declared on 3rd September, 2006 the period would commence from that date and the managing committee executed the bond beyond the period prescribed. The period of 15 days prescribed under section 73(1AB) begins to run from the date assumption of office. That is evident from a plain reading of the statutory provision. It is not dispute that the term of the earlier managing committee was to expire on 29th September, 2006 and the first meeting of the newly elected members was held on 30th September, 2006. The period of 15 days after assumption of office was therefore to expire on 15th October, 2006. It is not disputed that the members of the managing committee executed bonds on 15th October, 2006 under a covering letter which is annexed at Exhibit-D. Insofar as the purchase of stamp papers is concerned, it has been submitted on behalf of the petitioners that the collector of stamps has subsequently validated the stamp papers by an endorsement made thereon. 4. We are of the view that all these facets would warrant reconsideration of the appeal by the Divisional Joint Registrar. It would also be necessary to observe that the Deputy Registrar has :4: :4: :4: found that there were certain irregularities in the conduct of the society. The Divisional Joint Registrar has not dealt with this aspect of the matter. It is under these circumstances that we are of the view that the appropriate course of action would be to direct that the appeal be decided afresh by the Divisional Joint Registrar after hearing all the concerned parties. In order to facilitate this exercise, the impugned order of the Divisional Joint Registrar dated 25th April, 2008 is quashed and set aside. The parties shall appear before the Divisional Joint Registrar on 23rd June, 2008 on which date directions shall be given for expeditious disposal of the appeal. The petition is accordingly disposed of. (Dr.D.Y.Chandrachud, J.) (K.U.Chandiwal, J.)