(1) WP 1705.11+16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1705 OF 2011 Umakant Bibishan Dhumal and anr. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 631 OF 2011 Madhu Ram Ugile PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 1702 OF 2011 AND CIVIL APPLICATION NO.4191 OF 2011 IN W.P.1702 OF 2011 Amol Bapurao Kokane and ors. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 2418 OF 2011 Ramesh Dnyanoba Sonwane PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 308 OF 2011 Balaji Laxman Dhavane PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 646 OF 2011 Hanuman Ashruba Shinde and anr. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 898 OF 2011 Sanjay S/o Narhari Nagargoje PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS (2) WP 1705.11+16 WITH WRIT PETITION NO. 1075 OF 2011 Babruwan Kondiba Waghmare PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 1077 OF 2011 Ajit Vishwanath Belkone and anr. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 1079 OF 2011 AND CIVIL APPLICATION NO.2419 OF 2011 IN W.P.1079 OF 2011 Vyankat Pandharinath Sagar and anr. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 1261 OF 2011 Venkat Chandrakant Kawale PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 1596 OF 2011 Sunil Sonyabapu Gadhave and ors. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 2128 OF 2011 Babasaheb S/o Raosaheb Jagtap and ors. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 3610 OF 2011 Siddheshwar Shivaji Muley PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS (3) WP 1705.11+16 WITH WRIT PETITION NO. 3621 OF 2011 Balaji Moti Kanse and anr. PETITIONERS VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 4044 OF 2011 Bhaskar Hiraman Patil PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 2013 OF 2011 Anil Venkatrao Bodhne PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Advocate for the Petitioner/s Mr. A.A. Nimbalkar, Advocate h/f. Mr. V.D. Salunke, Advocate (WP 1705.2011) Mr. A.N. Irpatgire, Advocate (WP 631.2011) Mr. P.P. Khandagale Patil, Advocate (WP 1702.2011) Mr. S.N. Morampalle, Advocate (WP 2418.2011) Mr. A.A. Nimbalkar, Advocate h/f. Mr. P.D. Ghorpade, Advocate (WP 308.2011) Mr. S.T. Ghute, Advocate (WP 646.2011) Mr. Ashok V. Ghuge, Advocate (WP 898.2011) Mr. V.D. Gunale, Advocate (WP 1075.2011, WP 1077.2011, WP 1079.2011) Mr. A.N. Irpatgire, Advocate (WP 1261.2011) Mr. Pravin S. Dighe, Advocate (WP 1596.2011) Mr. N.D. Sonavane, Advocate (WP 2128.2011) Mr. A.B. Kharosekar, Advocate (WP 3610.2011) Mr. V.G. Mete, Advocate (WP 3621.2011) Mr. A.N. Irpatgire, Advocate h/f. Mr. V.M. Mane (WP 4044.2011) Mr. G.D. Kale, Advocate (WP 2013.2011) A.G.P.s for the Respondent-State Mr. V.H. Dighe, A.G.P.; Mr. V.D. Rakh, A.G.P.; Mr. S.K. Tambe, A.G.P.; Mr. K.S. Patil, A.G.P. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 16TH SEPTEMBER, 2011 (4) WP 1705.11+16 ORAL ORDER: 1. Since no orders prejudicial to the interests of the respondents, who are not served, are being passed, the issuance of fresh notice to these respondents is not found necessary. 2. Rule. Rule made returnable forthwith. Heard by consent of the learned counsel for the parties. 3. The petitioners in these Petitions have approached this Court for a declaration that bye-laws no. 9(5), 9(6) and 9(7) of the Vividh Karyakari Seva Sahakari Society Ltd. are violative of the provisions of section 73-B of the Maharashtra Co-operative Societies Act, 1960. (hereinafter referred to as "the M.C.S. Act" for short) 4. The affidavit is filed on behalf of the respondent-authorities by the District Deputy Registrar, Osmanabad. In the affidavit-in-reply, it is categorically stated that the amendments will have to be made keeping in view the provisions of section 73(C)(3) of the M.C.S. Act. It has been specifically stated that for amendment of the bye-laws, first the general body meeting of all the concerned societies (5) WP 1705.11+16 will have to be convened and the proposed amendments will have to be placed before the general body meeting. It has been stated that after the general body passes the resolution, the same will have to be sent to the Assistant Registrar, Co-operative Societies / District Deputy Registrar of the concerned Co-operative Society for the necessary approval and thereafter the proposed amendment will come into force. It has been further observed that if the society fails to pass the resolution in that regard, the Assistant Registrar, Co-operative Societies and the District Deputy Registrar, Co-operative Societies would complete the procedure after following the necessary procedure as described under the relevant provisions of the M.C.S. Act and rules framed thereunder. 5. During the pendency of the present Petitions, elections have already been held to the various Vividh Karyakari Co-operative Societies on the basis of the interim orders passed by this Court. Only in some of Petitions, the results have been either withheld or directed to be made subject to the result of the present Petition/s. It is further clarified that (6) WP 1705.11+16 wherever the results of the elections are withheld, the same shall be declared within a period of two (2) weeks from today. We find that in election process, interference would not be in interest of the societies at this stage. 6. We therefore dispose of the Writ Petitions by accepting the statement made on behalf of the respondent-authorities of taking the necessary steps for amending the bye-laws, as stated in the affidavit. The same shall be completed either by the Societies or in the event, the Society do not comply, then by the concerned Assistant Registrar, Co-operative Societies / District Deputy Registrar, Co-operative Societies, within a period of six (6) months from today. 7. Rule is partly made absolute accordingly. 8. In view of the disposal of the Writ Petitions, nothing survives in the Civil Applications. Consequently, Civil Application nos. 4191 of 2011 and 2419 of 2011 also stand disposed of. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/