IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4038 OF 2008 WRIT PETITION NO. 4038 OF 2008 WRIT PETITION NO. 4038 OF 2008 Shri Shivram Bapuso Patil & Ors. ...Petitioners V/s. State of Maharashtra & Ors. ...Respondents Mr.Rahul P. Walvekar for the Petitioners. Mr.S.R. Chinchalikar, Government Pleader for Respondent No.1. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JUNE 26, 2008 DATED : JUNE 26, 2008 DATED : JUNE 26, 2008 P.C. :- P.C. :- P.C. :- 1. Heard the learned Counsel for the petitioners. 2. The petitioners are challenging the order passed by the Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur, whereby by his judgment and order dated 12th February, 2008, order passed by respondent no.1 dated 5th April, 2007 was set aside and the matter was remanded back to respondent no.1 for a fresh hearing, in accordance with law. 3. The Petitioners were elected as Directors in election which was held on 27th February, 2006. A Show Cause Notice was issued under Section 78-A of the MCS - 2 - Act in respect of irregularities which were committed by the members of the Managing Committee for the period between 2003 to 2006. The respondent no.1 without giving any opportunity to the present petitioners passed an order under Section 78 of the said Act and appointed an Administrator. It is a case of the petitioners that none of them were members of the Managing Committee prior to 2006 and as such, they were not liable for the misdeeds of the earlier committee. It is submitted that the Divisional Joint Registrar, therefore, was not justified in remanding the matter back after he had come to a conclusion that the charges against the petitioners were not proved. 4. He also relied on the judgment of this Court in the case of Sureshchandra Agarwal & Ors. Vs. Div.Joint Sureshchandra Agarwal & Ors. Vs. Div.Joint Sureshchandra Agarwal & Ors. Vs. Div.Joint Registrar & Ors., reported in 2006(6) ALL MR 244. Registrar & Ors., reported in 2006(6) ALL MR 244. Registrar & Ors., reported in 2006(6) ALL MR 244. 5. The submission made by the learned Counsel for the petitioners cannot be accepted. The Divisional Joint Registrar in this case has observed that the respondent no.1 has not followed the proper procedure - 3 - and has not given notice to the petitioners herein before recording a finding in respect of the irregularity committed by the Managing Committee. He has also observed that the mandatory provisions of the said Act regarding consultation with the federal society have not been complied with. In my view, the ratio of the judgment in Sureshkumar Agarwal (supra) Sureshkumar Agarwal (supra) Sureshkumar Agarwal (supra) will not apply to the fact and circumstances of the present case as a fresh inquiry has been ordered. 6. In my view, there is no infirmity in the order passed by the Divisional Joint Registrar. An opportunity will be given to the petitioners to explain their stand in respect of allegations which are made by respondent no.1. No case is made out for interfering with the order passed by the Divisional Joint Registrar while exercising writ jurisdiction under Article 227 of the Constitution of India. 7. Writ Petition is, accordingly, is dismissed. Respondent No.1 shall complete the inquiry, as expeditiously as possible. - 4 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)