1 WP 10431.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10431 OF 2010 Rajabhau S/o Uttamrao Pawar & Others .... PETITIONERS V E R S U S The State of Maharashtra & Oths. .... RESPONDENTS ---------------------------------------------------------------------------------------------------------------- Mr. S.J.Salunke, Advocate for the Petitioner. Mrs. A.V.Gondhalekar, Asstt. Govt. Pleader for State. ---------------------------------------------------------------------------------------------------------------- CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE : 12/01/2011 PER COURT : 1. Heard. 2. AnAdministrator was appointed as per the provisions of Section 78 (1) (a) (2) of the Maharashtra Co-operative Societies Act, 1960 in respondent no. 4.. The said Order was challenged before the Divisional Jt. Registrar, Co- operative Societies and the Divisional Jt. Registrar, Co-operative Societies dismissed the Appeal. Copy of the said Order is filed along with affidavit in reply. 3. The grievance of the learned counsel for the petitioners is that the 2 WP 10431.2010 Administrator has refused to discharge his duties and to conduct fresh election of the Managing Committee. 4. The learned Assistant Govt. Pleader submits that the respondent no. 3 will take necessary steps and will appoint another Officer from the office of the respondent no. 3. The respondent no. 4 is a notified Co-operative Society in view of the provisions of the Co-operative Societies Act. The learned Assistant Govt. Pleader further submits that necessary steps would be taken to conduct the election. In the affidavit in reply filed on behalf of respondent nos. 2 & 3, the deponent states in paragraph no. 8 as under : “ 8. I say that if the administrator is not willing or ready to act as Administrator, then the respondent no. 3 will take necessary steps for appointing other officer as Administrator on the respondent no. 4 Society. I say that the respondent no. 4 Society is a notified society, therefore, as per the provisions of Maharashtra Co-operative Societies Act and Rules, the District Deputy Registrar, Co- operative Societies, has to take steps for appointing Returning Officer and to hold the election. I say that after receipt of the voters’ list from the respondent no. 4 Society, the said voters’ list will be submitted to the office of District Deputy Registrar, Co-operative 3 WP 10431.2010 Societies, Osmanabad through the office of Assistant Registrar. Co-operative Societies, Kallam after getting the said voters’ list, the further election programme for preparation of voters’ list and for holding the election will be published in accordance with law ”. 5. In light of the submissions, we direct the respondent no. 2 to take necessary steps to hold election of Respondent no. 4 – Co-operative Society as expeditiously as possible. The present Writ Petition is accordingly disposed of. [ S.V. GANGAPURWALA, J. ] [ NARESH H. PATIL, J. ] knp/WP 10431.2010