{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6120 OF 2009 Namdeo Dhondiba Kolte R/o Fulambri, Dist­Aurangabad PETITIONER VERSUS 1. The State of Maharashtra through its Secretary, Cooperation Department, Mantralaya, Mumbai 2. The Assistant Registrar Cooperative Societies, Fulambri Dist­Aurangabad RESPONDENTS ....... Mr.V.D.Salunke, Advocate for the petitioner Mr.V.H.Dighe, AGP for respondents No.1 and 2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 14th September 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : 1. At the outset, Mr.Salunke, learned counsel for the petitioner, seeks leave to amend the petition by incorporating a challenge to the issuance of show cause notice dated 24.08.2009 {2} u/s 77 (a) (1) (2) of the Maharashtra Cooperative Societies Act. Leave granted, Amendment to be carried out forthwith. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 3. According to the petitioner, the petitioner, on completion of the term, as member of the Managing Committee, requested preparation of voters list, as a step preparatory of holding elections of the society. The petitioner thereafter accordingly submitted the list of voters and also deposited the cost of the election. It appears that the process of conducting election is still going on and during the aforesaid process, the petitioner has been served with a show cause notice dated 24.08.2009 calling upon the petitioner to show cause as to why an administrator should not be appointed on account of failure of the petitioner society to hold the elections. According to the petitioner society, the delay in holding the elections cannot be attributed to the petitioner as the petitioner society had immediately submitted the requisite proposal and had also deposited the necessary fees. In the light of that, the petitioner seeks to challenge the proceedings of the show cause notice. We are informed that the petitioner has already participated in the proceedings of the show cause notice. In the light of the fact that the petitioner has participated in the proceedings of the show cause notice and has already submitted {3} reply, no interferences, in respect of challenge to the show cause notice, is called for. However, we allow this petition to the limited extent of directing the respondents that in the event an order adverse to the interest of the petitioner is passed in the proceedings of the show cause notice the same shall not be given effect for a period of 4 weeks from the date of communication of the order to enable the petitioner to avail alternate remedies available in law. This petition is allowed to the extent indicated above. 4. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp6120­09