(1) WP-123.2011+6 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 123 OF 2011 AND CIVIL APPLICATION NO.582 OF 2011 IN W.P.123 OF 2011 AND CIVIL APPLICATION NO.612 OF 2011 IN W.P.123 OF 2011 Marotrao Sheshrao Awargand and anr. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 304 OF 2011 Ashok Balaji Patil and anr. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 427 OF 2011 Machindra Ramchandra Mhaske and anr. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 680 OF 2011 Shivaji S/o Madhavrao More PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 1218 OF 2011 AND CIVIL APPLICATION NO.4974 OF 2011 IN W.P.1218 OF 2011 Kishan Gundu Kamble PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 1266 OF 2011 Pandurang Dattatraya Chamle and ors. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS (2) WP-123.2011+6 ..... Advocate for the Petitioner/s. Mr. Sudarshan J. Salunke, Advocate (WP 123.2011) Mr. V.D. Gunale, Advocate (WP 304.2011, WP 427.2011) Mr. P.V. Mandlik, Sr. Advocate h/f. Mr. Amol S. Gandhi, Advocate (WP 680.2011) Mr. A.N. Irpatgire, Advocate (WP 1218.2011) Mr. B.B. Yenge, Advocate (WP 1266.2011) A.G.P./s for the Respondent-State. Mr. V.H. Dighe, A.G.P.; Mr. K.S. Patil, A.G.P.; and Mr. V.D. Rakh, A.G.P. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 16TH SEPTEMBER, 2011 ORAL ORDER: 1. Since no orders prejudicial to the interests of the respondents, who are not served, are being passed, the issuance of fresh notice to these respondents is not found necessary. The Petitions are heard finally, by consent of the parties. 2. The petitioners in these Petitions have approached this Court for a declaration that bye-laws no. 9(5), 9(6) and 9(7) of the Vividh Karyakari Seva Sahakari Society Ltd. are violative of the provisions of section 73-B of the Maharashtra Co-operative Societies Act, 1960. (hereinafter referred to as "the M.C.S. Act" for short). 3. The affidavit is filed on behalf of the (3) WP-123.2011+6 respondent-authorities by the District Deputy Registrar, Osmanabad. In the affidavit-in-reply, it is categorically stated that the amendments will have to be made keeping in view the provisions of section 73(C)(3) of the M.C.S. Act. It has been specifically stated that for amendment of the bye-laws, first the general body meeting of all the concerned societies will have to be convened and the proposed amendments will have to be placed before the general body meeting. It has been stated that after the general body passes the resolution, the same will have to be sent to the Assistant Registrar, Co-operative Societies / District Deputy Registrar of the concerned Co-operative Society for the necessary approval and thereafter the proposed amendment will come into force. It has been further observed that if the society fails to pass the resolution in that regard, the Assistant Registrar, Co-operative Societies and the District Deputy Registrar, Co- operative Societies would complete the procedure after following the necessary procedure as described under the relevant provisions of the M.C.S. Act and rules framed thereunder. (4) WP-123.2011+6 4. During the pendency of the present Petitions, elections have already been held to the various Vividh Karyakari Co-operative Societies on the basis of the interim orders passed by this Court. Only in some of Petitions, the results have been either withheld or directed to be made subject to the result of the present Petition/s. It is further clarified that wherever the results of the elections are withheld, the same shall be declared within a period of two (2) weeks from today. We find that in election process, interference would not be in interest of the societies at this stage. 5. We therefore dispose of the Writ Petitions by accepting the statement made on behalf of the respondent-authorities of taking the necessary steps for amending the bye-laws, as stated in the affidavit. The same shall be completed either by the Societies or in the event, the Society do not comply, then by the concerned Assistant Registrar, Co- operative Societies / District Deputy Registrar, Co- operative Societies, within a period of six (6) months from today. (5) WP-123.2011+6 6. Rule is partly made absolute accordingly. 7. In view of the disposal of the Writ Petitions, nothing survives in the Civil Applications. Consequently, Civil Application nos. 582 of 2011, 612 of 2011 and 4974 of 2011 also stand disposed of. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/