-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.137 OF 2008 Mr.S.R.Pathare & Ors. : Petitioners V/s. The State of Maharashtra & Ors. : Respondents ... Mr.G.N.Salunke for the petitioners. Mr.Pradip Jadhav, Asstt. Govt. Pleader for resp. nos.1 & 2. Mr.U.P.Warunjikar for resp. nos.3 to 12. ... CORAM : S.B.MHASE & A.A.KUMBHAKONI,JJ. DATE : JUNE 09, 2008. P.C. Heard. 2. Rule. Rule is made returnable forthwith, by consent of parties. Mr.Jadhav, the learned Asstt. Government Pleader for the respondent nos.1 & 2, and Mr.Warunjikar for the respondent nos.3 to 12, waive service. -: 2 :- Heard the learned counsel for the parties. 3. The petitioners are members of the respondent no.12 society. The respondent nos.3 to 11 are the members of the Managing Committee of the respondent no.12 society, viz., Shree Balwant Co-operative Housing Society Ltd. They were elected to the office of the Managing Committee on 4.10.2003 and in view of the provisions of section 73(1AB), they were under an obligation to file indemnity bound within a period of 15 days from the date of assuming office. As per the said provisions, if the bond is not filed, they incur disqualification and thereby the office occupied by them stands vacated. Since the respondent nos.3 to 11 Managing Committee members failed to file this indemnity bond in time i.e. before 4.10.2003, this petition has been filed seeking appropriate reliefs. 4. The petitioners have prayed to hold an inquiry against the members of the Managing Committee. Accordingly, they have made a representation to the respondent no.2. 5. When the matter was listed for admission, the Division Bench consisting of Bilal Nazki & S.A. Bobde, JJ. considered the issue as to whether the bonds have been filed within time or not and having found that the bonds have not been filed within time, the Managing Committee -: 3 :- members i.e. the respondent nos.3 to 11 were declared to have incurred disqualification. Further direction has been issued to the respondent nos.1 & 2 for making alternative arrangement for the society. Accordingly, admittedly, the respondent no.2 has appointed an Administrator who has taken charge of the society. Therefore, so far as incurring of disqualification and vacation of the office of the Managing Committee of Shree Balwant Co-operative Housing Society Ltd., the 12th respondent, by the respondent nos.3 to 11 is concerned, it stands concluded. 6. However, the Administrator who is appointed is under an obligation to conduct the elections of the respondent no.12 society within a period of six months after taking charge. Therefore, such a direction will have to be issued. 7. Further, if as a result of the acts of the respondent nos.3 to 11, the society has suffered any losses, an inquiry into the said matter will have to be conducted. It will be further necessary for the Deputy Registrar to find out whether as a result of the acts of the respondent nos.3 to 11, any loss has been incurred and who is responsible for the said loss and the extent of the loss. -: 4 :- 8. Therefore, taking into consideration all these facts and circumstances, we pass the following order:- O R D E R (i) The respondent nos.3 to 11 stand disqualified for non-compliance of section 73(1AB) and the office of the Managing Committee of the respondent no.12 society which they were holding stands vacated. (ii) We further direct that the Administrator who has been appointed by the respondent no.2 shall conduct the elections of the said society within a period of six months from the date of his taking over charge as per the rules and bye-laws of the said society and the elections rules and install in office the newly elected Managing Committee. (iii) Thirdly, the respondent no.2 shall hold an inquiry into the representation made by the petitioners dated 16.8.2007 (exh.‘B’ to the petition). He shall find out initially as to whether as a result of the acts of the respondent nos.3 to 11, any loss has been incurred to the society or the members of the society. He shall further find out the extent of the loss caused by the respondent nos.3 to 11 -: 5 :- and if he finds that the respondent nos.3 to 11 have caused any loss to the society or its members, he shall prepare a report accordingly and thereafter proceed for recovery of the losses, in accordance with law. We make it clear that the respondent no.2 shall hold such inquiry after following the principles of audi alteram partem i.e. each of the delinquents should be given a reasonable opportunity to explain his conduct before the Deputy Registrar and an opportunity of hearing shall also be given to the petitioners. Appropriate reasoned and rational orders shall be passed by the Deputy Registrar in this regard. 9. The rule is made absolute in the aforesaid terms. (A.A. KUMBHAKONI, J.) (S.B. MHASE, J.)