-1- 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.8515 OF 200 WRIT PETITION NO.8515 OF 200 WRIT PETITION NO.8515 OF 2007 Ashok Kuvadia, .. Petitioner Vs State of Maharashtra & ors. .. Respondents. Mr Bhavesh Parmar, for the petitioner. Mr Amit i/b Tomhane & co for respondent nos 2,4,5 and 6. Mr S.D.Rayrikar, AGP for respondent no.1. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 05.02.08. DATE : 05.02.08. DATE : 05.02.08. PC: PC: PC: 1. Heard learned counsel for the petitioner. 2. This petition is directed against an order of the Divisional Joint Registrar dated 24.9.2007, by which he has disposed of the appeal filed by the respondents, setting aside the judgment and order dated 18.4.2007 passed by the -2- Deputy Registrar, Co-operative Societies. These proceedings are arising from the application filed by the petitioner for appointment of an Administrator under section 78(1) of the Maharashtra Co-operative Societies Act,1960 (for short, "the Act"). The appointment of the Administrator was sought mainly on the ground that the provisions of section 73(1AB) of the Act were not complied with. In the appeal, the Divisional Joint Registrar had set aside the order dated 18.4.2007 on two grounds, namely, there was no effective and meaningful consultation with the federal society, and secondly, on the ground that during pendency of the proceedings, the then Managing Committee resigned and fresh elections of the Managing Committee were held. The term of the Managing Committee is admittedly of one year. There is no dispute that the Managing Committee, which was holding charge when the application was filed and the order was passed by the Deputy Registrar dated 18.4.2007 resigned and new Managing Committee got elected. Against this backdrop, the learned counsel for the petitioner, submitted that effective consultation does not mean that the Deputy Registrar is supposed to wait in perpetuity for the comments from the federal society, and secondly, after the Managing Committee found to be disqualified and the Administrator has been appointed, it cannot resign and hold fresh election. In view of the -3- subsequent development, namely the elections of the Managing Committee, I do not deem it appropriate to examine the contentions urged by the petitioner. Hence, the writ petition is dismissed. (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)