1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.356 of 2008 Ashok B. Gupta Petitioner Vs. State of Maharashtra & ors. Respondents Ms.Jyoti Chavan for petitioner. Ms.V.S.Mhaispurkar, AGP for Resp.nos.1 to 3. Mr.C.P.Deogirikar for resp.nos.5 to 11. Respondent no.4 present in Court. CORAM: B.H.MARLAPALLE, J. April 23, 2008 P.C. 1. Heard the learned counsel for the respective parties. The respondent no.4 is present in the Court. 2. Having heard all the parties, it would be just and proper that the elections of the managing committee of the respondent no.5 - Society are held at the earliest possible, despite the fact that the respondent no.4 states that he has already handed over the charge as an administrator. The issue of voters’ list also was taken up and Ms.Chavan pointed out that Public Interest Writ Petition No.2822 of 2003 has been finally decided by this Court on 2 5/5/2004 and in para 19 of the said judgment this Court has held that tentative orders for regularisation in 128 cases could not be approved and the Municipal Commissioner was directed to reconsider the said cases in accordance with the directions set out therein. As per Ms.Chavan, the Municipal Commissioner passed a fresh order on 30/4/2007 and regularised some of the cases. A copy of the said judgment has not been placed before me. However, Ms.Chavan undertakes to make available copies of these judgments to Mr.Deogirikar as well as the learned AGP so that the voters’ list is updated by following the said judgment, in case some other members are required to be added as voters for holding the elections of the managing committee. 3. Hence the petition is disposed off by following directions: (a) A copy of the judgment dated 5/5/2004 in Writ Petition No.2822 of 2003 shall be handed over by the learned counsel for the petitioners to Mr.Deogirikar as well as Ms.Mhaispurkar, the learned AGP within one week from today. 3 (b) The respondent no.4 will take appropriate steps to finalise the voters’ list on the basis of the said judgment, if so required, within a period of two weeks from receipt of a copy of the said judgment. (c) Respondent no.4 to initiate the process for holding elections afresh to install the new managing committee as soon as the voters’ list is finalised and the elections shall be completed before 31st July 2008. . It is further made clear that while finalising the voters’ list, the respondent no.4 will keep in mind the scheme of Section 27(3A) of the Maharashtra Co-operative Societies Act, 1960 and for counting the membership period, the date of possession of the tenement shall be treated to be the relevant date. (B.H.MARL