1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.1428 of 2010 1.Sadashiv Rajaram Chougule & anr. .. Petitioners v/s. 1.District Dy. Registrar, Co-operative Societies, Kolhapur & ors... Respondents Mr.Rahul Walvekar for Petitioners. Mr.S.S.Patwardhan for Res.No.5. Ms.P.S.Cardozo, AGP for Res.Nos.1 & 2. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 3rd March, 2010 P.C. : 1.Rule, returnable forthwith. 2.The Petitioners have challenged the nomination of Respondent No.5 at the forthcoming election under Section 73FF(c)(i) of the Maharashtra Co-operative Societies Act, 1960 (the Act), on the ground that Respondent No.5 is a defaulter. Respondent No.5 has indeed taken a loan / advance of Rs.10 Lakhs from Respondent No.4-Society. The Society has issued a notice to Respondent No.5 on 12.11.2009. Thereafter Respondent No.5 has paid off some part of the advance. The Society has issued its certificate / Dakhla on 2 3.2.2010, which shows that from the advance amount of Rs.10 Lakhs, a lesser amount is the balance payable. The Society has not adopted any proceedings. It will have to be seen when Respondent No.5 failed to repay the full amount of the advance. The impugned order has been passed on 5.2.2010. The election is to be held on 7.3.2010. This Writ Petition has been filed on 9.2.2010, but has been circulated initially on 22.2.2010 and at the request of the Petitioners Advocate stood over till today. There is no cause shown for interfering with the election or with the impugned order except for clarifying that the Petitioners can challenge the election if Respondent No.5 is shown to be a defaulter upon the contract entered into by Respondent No.5 for repayment of the advance amount of Rs.10 Lakhs to the Society. 3.The Writ Petition is dismissed and Rule is discharged accordingly. 4.No order as to costs. (SMT.ROSHAN DALVI, J.)