-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 8265 of 2009 Sukhdeo Nathaji Chougule. ..Petitioner. Versus State of Maharashtra & Others. ..Respondents. Mr. M. S. Karnik for the Petitioner. Mr. N. N. Bhadrashete for the respondent no.3. Mr. V. Masurkar, AGP for the Respondent nos. 1 & 2– State. Coram : S. B. Mhase & R. M. Savant, JJ. Date : September 25, 2009. Oral Judgment : 1. Rule, made returnable forthwith by consent of the parties and heard. 2. Admittedly, the period of Chairman and Vice-Chairman of the Respondent No.3 society has come to an end by 23rd September 2009. Prior to that date the Respondent No. 2 should have conducted the elections for the said posts. The request to that effect was made to the Respondent No.2, however the Respondent No.2 has communicated that because of the Assembly elections, the said elections for the post of the Chairman and Vice-Chairman of the Respondent no.3 – society cannot be conducted. -: 2 :- 3. The said elections are required to be conducted under section 144-Y of the Maharashtra Co-operative Societies Act, 1960 as the Respondent No.3 is a specified society under Chapter-III read with section 73-G of the Maharashtra Co-operative Societies Act, 1960. The said elections have to be conducted amongst the members of the Managing Committee by holding a meeting. Except calling a meeting and recording the voting, no further proceedings are contemplated under section 144-Y of the MCS Act, 1960 Therefore, the said elections cannot be postponed. We find that the reason assigned by the Respondent No.2 is unsustainable. Therefore, the respondent no. 2 is hereby directed to hold the elections to the posts of Chairman and Vice-Chairman of the Respondent no.3 society as early as possible on a day which he deems appropriate excluding the polling days for the assembly elections. We further observe that the Collector shall conduct the elections u/s 144-Y of the MCS Act, 1960 in accordance with the law and bye-laws of the society. 4. Rule accordingly made absolute. (R.M.SAVANT, J.) (S.B.MHASE, J.)