1 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.5985/2009 ---- B.W.Ramteke ..Petitioner. vs. City and Industrial Development Corporation of Maharashtra Ltd. And ors. ..Respondents. Mr S.A. Sawant a/w Mr P.M. Jadhav, for the Petitioner. Mr P.R. Shah i/b Dhruve Liladhar and Co for Respondent No.3. Mr Nargolkar, A.G.P., for respondent No.2. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 5TH JANUARY,2010 2 P.C.:- By this petition, the petitioner who is member of respondent No.3 society seeks a direction to respondent No.2 CIDCO to hold inquiry in respect of eligibility of the members whose names have not been disclosed nor they have been joined as party to this petition. Admittedly, respondent No.3 is a Co- operative Housing Society registered under the Maharashtra Co-operative Societies Act. The members reference to whom is made in the prayer clause are members of the Co-operative Society. Obviously, therefore, cessession of their membership will be governed by the provisions of the Maharashtra Co- operative Societies Act and therefore the CIDCO cannot pass any order for expulsion of those members from membership. For expulsion of those persons from the membership of the Society, provisions of the Maharashtra Co-operative Societies Act will have to be complied with. In any case, a direction for holding inquiry into validity or otherwise of the membership of those persons cannot be issued in 3 their absence. The petition really suffers from non- joinder of necessary party. Petition is therefore rejected. (D.K. DESHMUKH,J) (A.R.JOSHI,J)