1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7016 OF 2009 WITH CIVIL APPLICATION NO. 2411 OF 2009 1.Mukesh Choksi and ors .. Petitioners Vs 1.State of Maharashtra and ors .. Respondents Mr.S.G.Anney, Senior Counsel, i/b Jay K Bhatia, for the petitioners. Ms.S.S.Bhende, AGP, for the Respondent-State. Mr Ashwin Shete i/b Khaitan Jaykar for applicant in CAW no. 2411/09. CORAM : D.B.BHOSALE, J. DATE : 05/10/2009 PC: 1. Heard Mr Anney, learned senior counsel for the petitioners, Mrs Bhide, learned AGP for the respondent-State and Mr.Shete, learned counsel for the intervenor. 2. This writ petition is directed against the order dated 7.7.2009 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai, by which while admitting the petitioners’ appeal against the order dated 22.6.2009 passed by the Deputy Registrar, Co-operative Societies, “D” Ward, Mumbai, appointing Administrator under section 78(1) of the Maharashtra Co-operative Societies Act, 1960, their prayer for stay has been rejected. This petition is basically directed T 2 against that part of the order, by which the stay application filed by the petitioner has been rejected. 3. From perusal of the order dated 22.6.2009 passed by the Deputy Registrar, it appears that an Administrator has been appointed mainly on the ground that the elections of the Managing Committee were not properly conducted, bond, as contemplated under section 73 (1 AB) of the Act, was not executed by one of the members of the Managing Committee, two members of the Managing Committee were removed without following the due procedure and certain irregularities were committed by the Managing Committee.i 4. This Court is informed that after the stay application was rejected, the Administrator, in pursuance of the order passed by the Deputy Registrar dated 22.6.2009, has taken charge of the society. Mr Anney, learned senior counsel, submitted that the Administrator, after taking charge of the society has, for no reason, appointed a private employee as a Manager of the society and he pays him Rs.7000/- per month from the society funds. He also pointed out that the Administrator has, so far, not taken any steps to hold elections of the society. I have perused the impugned order and the other material placed before the court. Having considered overall facts and circumstances of the case, I am satisfied that this writ petition can be conveniently 3 disposed of by the following order. (i) The Deputy Registrar, Co-operative Societies, “D” Ward, Mumbai, shall appoint an independent officer to supervise elections of respondent no.5-society, within a period of ten days from today. The officer, appointed by the Deputy Registrar and the Administrator shall hold elections of respondent no.5- society within a period of 50 days therefrom and shall hand over charge of the society to the newly elected Managing Committee immediately thereafter. The elections shall be conducted in accordance with the law and the bye-laws. (ii)The Administrator shall look after day-to-day functioning of the society with the assistance of the staff appointed by the society, namely, the Manager-Ramesh Dave, the Peon- Bamshankar and the Accountant. The Administrator shall discontinue the Manager, appointed by him after taking charge of the society, forthwith and shall not pay him anything further from the funds of the society. (iii) This order, however, shall not preclude the concerned authority to initiate action against the Managing Committee, against whom the order under section 78(1) was passed, or against the earlier Managing Committee or its member/s, if they so desire, in 4 accordance with law, for irregularities, illegalities and/or wrongs, if any, committed by them. (iv) At this stage, Mr Anney, learned senior counsel for the petitioners, on instructions, submits that in view of this order, he has instructions to state that the petitioners do not wish to press the appeal pending before the Divisional Joint Registrar and they shall make formal application for withdrawal of the appeal within a period of two weeks from today. The petitioners may do so within a period of two weeks from today. (v) With these directions, the writ petition is disposed of. As a consequence thereof, the civil application is also disposed of. (D. B. Bhosale, J.)