1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4019/2009 (Zumraj K. Rathod and another ..vs.. M.T.Kulmethe) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 12, 2009 Heard Advocate Shri Dongre for petitioner, who contends that though the fact that the members of managing committee are from Nomadic Tribe cannot be disputed, the Co-operative Department is euqually responsible for this state of affairs. He points out that the Assistant Registrar, Co-operative Societies, Umred was present at the time of election and did not point out this position. His contention is, this was a ploy to somehow appoint Administrator on the society. He also argues that the department wants to continue the Administrator for long period without holding any further elections. The apprehension cannot be appreciated at this stage. The society is aware of its Bye-laws and Constitution and hence, it cannot put blame on Co- 2 operative Department. The reason given by Assistant Registrar, Co-operative Societies that the Nomadic Tribe members cannot Administer the society mean for tribal community, are not assailed before this Court. Writ petition is, therefore, without any merit. However, because of other apprehensions expressed by Advocate Shri Dongre that fresh elections would not be within reasonable time, it is observed that the said Assistant Registrar shall take steps to hold fresh elections as early as possible. If the fresh elections are not held, liberty to peritioner to approach this court. Writ Petition is disposed of with these directions. No costs. JUDGE Diwale.