1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8708 OF 2009 WITH CIVIL APPLICATION NO.2839 OF 2009 Shripad G.Kulkarni .. Petitioner. Vs. Deputy Registrar, Co-operative Societies & Ors. .. Respondents. Mr.K.S.Patil for the petitioner. Mr.N.N.Bhadrashetye for the applicant in civil application. Mr.R.M.Patne A.G.P. for respondent nos.2 and 3. CORAM : D.B. BHOSALE, J. DATED : 26TH NOVEMBER, 2009 P.C. . Heard learned counsel for the parties. 2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself. 3. This writ petition basically challenges the show cause notice dated 10.9.2009 issued by the Deputy Registrar under section 78(1) of the Maharashtra Co-operative Societies Act (for short “the Act”). The proposed action against the petitioner had been initiated solely on ground that they did not execute the bonds under section 73 (1AB) of the Act read with Rule 58(A) of 2 the Maharashtra Co-operative Societies Rules, 1961. The petitioner has stated in the petition that immediately on receipt of the show cause notice on 13.9.2009, a special general body was called and in the said meeting, the petitioner and other members of the managing committee tendered resignation and their resignations were accepted. Thereafter on 2.10.2009, another special general body meeting was called in which it was decided to hold fresh elections of the managing committee. Accordingly, the election programme was declared on 6.10.2009 and it was concluded on 8.10.2009. The managing committee was elected unanimously and took over the charge on 8.11.2009. In this view of the matter, in my opinion, the Deputy Registrar, who has heard the matter and closed it for orders need not pass final order in the proceedings initiated by issuing the show cause notice dated 10.9.2009 under section 78(1) of the Act. In my opinion, the notice itself has rendered ineffective. In the circumstances the proceedings initiated in pursuance thereof are quashed. Rule is, accordingly, made absolute in terms of this order. No costs. Consequently, the civil application is also disposed of. (D. B. Bhosale, J.)