SSK/33 1 WP.5271.08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5271 OF 2008 Shri Vasant Shantappa Desai ....Petitioner Versus Navjivan Co-op. Housing Society Ltd. & Ors. ...Respondents Mr. Vishwajit Kapse i/b. Mr. Shashank P. Borade, Advocate for the petitioner. Mr. Vikas Mali for respondent nos. 1 & 2. Mr. Abhijit Savagavkar i/b. Mr. S. S. Patwardhan for respondent nos. 3 & 5A. Mr. S. D. Rayrikar, AGP for respondent nos. 6 to 8. CORAM : RANJIT MORE, J. DATED : 8TH MARCH, 2011. P.C.: Heard Mr. Kapse, learned counsel for the petitioner, Mr. Mali, learned counsel for respondent nos. 1 and 2, Mr. Savagavkar for respondent nos. 3 & 5A, and Mr. Rayrikar, learned AGP for respondent nos. 6 to 8. 2. By the impugned order, the respondent no.6 set aside the order of respondent no.7 passed under the provisions of Section 77(a) of the Maharashtra Co-operative Societies Act, 1960 (for short “the MCS Act”). The respondent no.7 by an order dated 12th July, 2007 appointed SSK/33 2 WP.5271.08 administrator on respondent no.1-Society under the provisions of Section 77(a) of the MCS Act. The administrator was appointed on the only ground that tenure of the Managing Committee of the respondent no.1-Society has come to an end and no fresh elections to elect new Managing Committee have been held. This order, as stated above, was set aside by the respondent no.6 in an appeal at the instance of respondent nos. 2, 3 & 4. The respondent no.6 was satisfied that the Annual General Meeting of the respondent no.1 held on 17th June, 2007 and in this Annual General Meeting, a fresh Managing Committee of the respondent no.1-society was elected. 3. Mr. Kapse, learned counsel for the petitioner submitted that the administrator was appointed at the instance of the petitioner, however, while setting aside this order, the respondent No.6 did not hear them. He also submitted that the so called Managing Committee which was elected in the Annual General Meeting dated 17th June, 2007 is illegal. 4. The impugned order is passed on 11th December, 2007. The finding of facts is recorded by the respondent no.6 in the impugned order that the election to elect fresh Managing committee of respondent no.1- Society was held on 17th June, 2007 and the new Managing Committee is elected. If the petitioner has any grievance about the legality or validity of SSK/33 3 WP.5271.08 this election, then, it was for him to challenge the election by filing appropriate proceeding in appropriate court. The appointment of administrator under Section 77(a) of the MCS Act amounts to setting aside the election held on 17th June, 2007. In the above facts and circumstances, I am not inclined to interfere with the impugned order in writ jurisdiction of this Court under Article 227 of the Constitution of India. The Petition is, therefore, dismissed. (RANJIT MORE, J.)