bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7261 OF 2008 PETITION NO. 7261 OF 2008 PETITION NO. 7261 OF 2008 Jaywantrao Gundopant Shimpi ... Petitioner v/s The Regional Joint Director (Sugar), Kolhapur Region, Kolhapur & ors. ... Respondents Mr.N.V.Walawalkar i/by Mr.Amit B. Borkar for the petitioner Mr.S.D.Rayrikar, A.G.P. for respondent Nos.1 and 2. Mr.V.B.Rajure for respondent Nos.3 to 5. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 10TH DECEMBER, 2008 10TH DECEMBER, 2008 10TH DECEMBER, 2008 P.C. P.C. P.C.: 1. The order impugned in this petition has been issued by the Regional Joint Director (Sugar), Kolhapur Region, Kolhapur, directing the petitioner to hold a Special General Body meeting on an application being made by certain members of the Co-operative Society. The petitioner contends that the requisite number of persons i.e. 1/5 of the total number of members have not signed the requisition calling for a meeting and, therefore, the order impugned should be set aside. 2 2. The petitioner has contended in para 9 of the petition as follows:- "9. The petitioner states that though in the application it is stated that the applicants are more than 1/5 of total members i.e. more than 6000 but the correct position is otherwise as the representation submitted to the petitioner was lacking following material particulars/deficient in following manner, i) 594 members whose names are written as members signing representation but actually have not signed and space in front of their names is blank. ii) 2253 members whose signatures are allegedly their on representation have not signed said representation. iii) 38 members have filed affidavit that their signatures are not their on representation. iv) 14 members have filed affidavit that their signatures are obtained by telling false things. v) 42 members who have allegedly signed representation are dead much before representation. vi) About 1066 members have allegedly affixed the thumb impression but their the thumb impression not attested." 3. In the reply filed by the respondent No.5, he has stated in para 5 that, "the signatures against dead members have been taken by mistake without having knowledge of death". 4. In view of the allegations made in the petition and 3 the admissions contained in the aforesaid affidavit in reply, the impugned order must be set aside. 5. The respondent No.1 will ascertain whether the signatures on the requisition for calling the Special General Body meeting are genuine and whether the requisite number of persons have actually signed the requisition. 6. Writ petition disposed of.