1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3554 OF 2011 (Sewakramji Dinbaji Shahakar and others vs. Divisional Joint Registrar, Cooperative Societies and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri A.M. Ghare, Advocate for the petitioners. Ms. T. Khan, Assistant Government Pleader for the respondents. --------- CORAM : R.M. SAVANT, J. DATED : JULY 28 , 2011 The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 20/7/2011 passed by the Divisional Joint Registrar, Cooperative Societies, Nagpur whereby the stay Application filed by the petitioners in their Appeal came to be rejected. The petitioners herein are the members of the Managing Committee of the Society, known as Shahakar Cooperative Housing Society, Nagpur. An order of supersession under Section 78 of the 2 Maharashtra Cooperative Societies Act, 1960 came to be issued against the petitioners on 2/6/2011 by the concerned District Deputy Registrar, Cooperative Societies. This resulted in the petitioners filing an Appeal before the Divisional Joint Registrar, in which Appeal they filed an Application for stay of the said supersession order. The stay has been refused by the Divisional Joint Registrar and amongst the reasons, which have been given by the Divisional Joint Registrar for rejection of the stay Application, is the reason that the petitioners have not furnished the bonds as contemplated under Section 73(1AB) of the said Act and since the said provision is mandatory, the petitioners are deemed to have vacated the office. There are other charges also, on the basis of which the order of supersession came to be passed against the petitioners. In my view, no fault can be found with the order of the Divisional Joint Registrar refusing the stay. However, it would be open for the petitioners to submit their explanation in respect of each of the charges and it would be for the Divisional Joint Registrar to consider the said 3 explanation and thereafter dispose of the Appeal on merits and in accordance with law. The Divisional Joint Registrar is directed to hear and decide the said Appeal within a period of six weeks from date. With the aforesaid directions, the petition is disposed of. JUDGE khj