: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.327 OF 2009 S.G. Kathawate & Ors. ....Petitioners V/s. The State of Maharashtra & Ors. ....Respondents Mr.A.A. Joshi i/b Nivit Srivastava for the Petitioners. Mr.P.P. Jadhav, A.G.P. for Respondent Nos.1 to 4. Mr.D.G. Mishra for Respondent Nos.5, 6 and 7. CORAM : S.J. VAZIFDAR, J. DATED : 30TH MARCH, 2009. P.C. : 1. Rule. By consent the rule is made returnable forthwith and heard finally. 2. The Petitioners have challenged the orders dated 11.3.2008, 12.6.2008 and 18.11.2008. By an order dated 11.3.2008, the Deputy Registrar appointed three Administrators of the society in place of the Managing Committee viz. Mr.D.C. Joshi, Mr.M.S. Mhatre and Mr.A.S. Sawant. The period of the Administrators was fixed for six months from the date of possession of the society’s office. During this period, the Administrators were directed to make arrangements for a new Managing Committee being elected. : 2 : . By the order dated 12.6.2008, the appeal against the order was dismissed. By the order dated 18.11.2008 the revision was dismissed. . Thus the order dated 11.3.2008 was confirmed through-out. 3. It is not necessary to consider the various allegations made by the parties against each other. Suffice it to state that the nature of the allegations are such that an order appointing an independent person to conduct the elections is warranted. 4. Mr.Mishra, the learned counsel appearing on behalf of three Administrators who are Respondent Nos.5, 6 and 7 does not deny that it is necessary to conduct the elections and to appoint a new Managing Committee. He however, states that the present Managing Committee ought not to be permitted to conduct elections as the members thereof are likely to conduct elections in an unfair manner inter-alia by rejecting the names of the bona-fide members of the society from the voters’ list. This apprehension would be safeguarded by appointing an independent person to conduct the elections. All questions in respect thereof would naturally be therefore decided : 3 : by such person. The Petitioners do not object to the same. . It is also not desirable to permit Respondent Nos.5, 6 and 7 to conduct the elections as there are several allegations against them and proceedings between them and the society. 5. In the circumstances, the Writ Petition is disposed of by the following order :- i). The impugned orders are modified by substituting the said three Administrators with an officer to be appointed by Respondent No.2 - Deputy Registrar. Such officer shall oversee and conduct the said elections including the settlement of the voters’ list. ii). The officer is requested to complete the election process on or before 31.7.2009. iii). All parties including the Petitioners shall make available all documents in their possession or power to such officer upon a request being made by him.