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 LETTERS PATENT APPEAL NO. 67 OF 2009 LETTERS PATENT APPEAL NO. 67 OF 2009 LETTERS PATENT APPEAL NO. 67 OF 2009 IN IN IN WRIT PETITION NO. 2274 OF 2009 WRIT PETITION NO. 2274 OF 2009 WRIT PETITION NO. 2274 OF 2009 Hambirrao Mahadev Patil. .. Appellant. vs. Ashok Vasant Patil & Ors. .. Respondents Ms. Varsha Palav for the Appellant. Mr. R.M. Patne, AGP., for Respondent Nos. 1, 3 & 5. Mr. R.V. Govilkar for Respondent No. 4. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. DATE: 5TH MARCH, 2009 DATE: 5TH MARCH, 2009 DATE: 5TH MARCH, 2009 P.C. . The learned counsel for the appellant states that this Court ought not to have entertained the writ petition impugning the order of the Deputy Registrar of Co-operative Societies who after considering the objection to the provisional voters list declared certain portion of the resolution invalid after more than three years though the entire record of the society is alleged to have been audited on the basis of certain allegations regarding fabrication of the 2 records as the process of the election was already set in motion. It is submitted that the Court ought not to have exercised its extraordinary jurisdiction in the matter and entertained the petition and passed the interim order dated 18.2.2009 which is impugned in this appeal. 2. We have heard the learned counsel for the parties and we find that the learned Single Judge has sufficiently protected the rights of the parties by keeping all the points open while granting stay to the effect and operation of the impugned order in so far as it relates to deletion and addition of membership. 3. The contention of the learned counsel for the appellant that the society has admitted the errors which have crept in the provisional voters list and on the basis of which the Deputy Registrar has passed the impugned order also do not call for any interference. On the other hand, it has been pointed out to us that only part of the irregularities were considered by the Deputy Registrar while passing the impugned order by overlooking other deficiencies in the provisional voters list which is apparent from the reply filed 3 before the Deputy Registrar of Co-operative Societies. 4. Therefore, in the given facts and circumstances we find that the learned Single Judge has not committed any error or illegality in entertaining the writ petition. Therefore, we do not find any merit in the Letters Patent Appeal. The same is dismissed. 5. In view of the dismissal of the Letters Patent Appeal, the Civil Application does not survive. The same also stands dismissed. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.)