ssp 1 WP 1945 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1945 of 2011 Asha Colony Co-op. Hsg. Society .....Petitioner versus Deputy Registrar, Co-op. Societies and Anr. ..... Respondents Mr.Mihir Desai, for the petitioner. Ms.M.P.Thakur, AGP, for the respondent Nos.1 and 2. CORAM: P.B.MAJMUDAR & A.A.SAYED, JJ. DATE: 17th MARCH, 2011. P.C. : 1. The petitioner has challenged show cause notice issued by Deputy Registrar, Co-operative Societies, K/W Division dated 05-02-2011. The said notice is issued under Section 78 of the Maharashtra Co-operative Societies Act, 1960, asking the Chairman and other members of the society to show cause as to why Administrator should not be appointed in connection the affairs of the management of the society. 2. Learned counsel for the petitioner submitted that show cause notice has been issued in view of the letter written by the Minister of State for Communication and Information Technology, Government of India, dated 02-02-2011 by which the Divisional Joint Registrar is requested to look into the grievance of the members of the society and to take strict action against the committee members, who are not the ssp 2 WP 1945 of 2011 members of the Society. It is apprehended that in view of the said directions of the Minister, the Deputy Registrar may not take objective view of the matter. The said apprehension is not well founded as the Deputy Registrar has merely asked to look into the matter. The Deputy Registrar has issued show cause notice to the petitioner as per the provisions of the Maharashtra Co-operative Societies Act and the petitioner has already given reply to the same. In our view, petition has been filed at a pre-mature stage. It is needless to say that the Deputy Registrar shall decide the matter as per evidence on record and accordance with law and there is no reason to believe that he will decide the matter as per the directions given by the said Minister. Before taking any decision, hearing may be given to the petitioner and the decision shall be taken as per evidence on record and as per law. In case the decision is against the petitioner, the same may not be implemented for a period of two weeks to enable the petitioner to take further recourse against such order that may be passed. It is clarified that we have not expressed any opinion on the merits of the issue and it is for the Deputy Registrar to take decision as per evidence on record and in accordance with law. 3. In view of what is stated above, writ petition is disposed of. ( A.A.SAYED, J. ) ( P.B.MAJMUDAR, J. )