1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7099 OF 2010 1] Vijay S/o Gambhirmal Jain Age 55 years, Occ-Business Chairman, Mahaveer Urban Co-operative Credit Society Limited, R/o 16, Navi Peth, Jalgaon District Jalgaon 2] Deelip Kantilal Jain Age 36 years, Occ-Business R/o Golani Market,Jalgaon District Jalgaon 3] Rajjak Khan Gani Khan Age 40 years, Occ-Business 54, Aksa Nagar, Jalgaon District Jalgaon. 4] Deelip S/o Babulal Darda Age 50 years, Occ-Business R/o Ring Road, Jalgaon District Jalgaon. 5] Raghunath S/o Madhukar Ahire Age 32 years, Occ-Business R/o Zilla Peth, Jalgaon District Jalgaon. 6] Sau. Meena Tushar Gathani, 2 Age 38 years, Occ-Service R/o Ring Road, Jalgaon District Jalgaon. .. PETITIONERS V E R S U S 1] State of Maharashtra Through the Secretary for Co-operation Department Mantralaya, Mumbai 2] The Divisional Joint Registrar Co-operative Societies, Nashik Division, Nashik 3] The District Deputy Registrar Co-operative Societies Akashwani Chowk, Jalgaon District Jalgaon. 4] Shri D.D.Desle Administrator, Divisional Deputy Manager The Jalgaon District Central Cooperative Bank Limited Ring Road, Jalgaon District Jalgaon. 5] The Jalgaon District Central Cooperative Bank Limited Ring Road, Jalgaon District Jalgaon Through its Managing Director 3 6] Rajendra Sagarmal Malara Age 58 years, Occ-Business R/o Near Old Bus Stand Navi Peth, Jalgaon District Jalgaon. .. RESPONDENTS .... WRIT PETITION NO.7100/2010 1] Amit S/o Mahendra Shrishrimal Age 28 years, Occ-Business R/o 126, Polan Peth,Jalgaon District Jalgaon 2] Prakash S/o Hari Patil Age 31 years, Occ-Business R/o Ganesh Nagar, Jalgaon District Jalgaon. VERSUS 1] State of Maharashtra Through the Secretary for Co-operation Department Mantralaya, Mumbai 2] The Divisional Joint Registrar Co-operative Societies, Nashik Division, Nashik 3] The District Deputy Registrar 4 Co-operative Societies Akashwani Chowk, Jalgaon District Jalgaon. 4] Shri D.D.Desle Administrator, Divisional Deputy Manager The Jalgaon District Central Cooperative Bank Limited Ring Road, Jalgaon District Jalgaon. 5] The Jalgaon District Central Cooperative Bank Limited Ring Road, Jalgaon District Jalgaon Through its Managing Director 6] Rajendra Sagarmal Malara Age 58 years, Occ-Business R/o Near Old Bus Stand Navi Peth, Jalgaon District Jalgaon. .. RESPONDENTS ... Shri V.D.Hon,Advocate for the petitioners. Smt.Yogita Kshirsagar,AGP for Respondent-State Shri D.B.Thoke, Advocate for the respondent No.5 .... CORAM : R.M.BORDE, J. 5 DATE : 15 th SEPTEMBER, 2010. ORAL JUDGMENT : 1] Rule. Rule made returnable forthwith. With the consent of parties, Petition is taken for final disposal at admission stage. 2] The factual aspects are not required to be gone into for the purpose of disposal of the Writ Petitions. It is informed that an action as contemplated by Section 78 of the Maharashtra Cooperative Societies Act, 1961 (hereinafter referred to as the Act for short) was initiated against petitioners who are the members of the Managing Committee of the Cooperative Society and District Deputy Registrar, Cooperative Societies, Jalgaon, in view of order passed on 9/7/2010, directed supersession of the board of elected managing committee members in exercise of powers under 6 Section 78(1) of the Act and further directed appointment of Sub Divisional Manager, Jalgaon District Central Co-op. Bank Ltd. Jalgaon to administer the affairs of the Society. The order passed by District Deputy Registrar was subjected to challenge in Appeal by petitioners under Section 152 of the Act before Divisional Joint Registrar, Cooperative Societies, Nashik Division, Nashik which is pending. It is to be noted that the order passed by the District Deputy Registrar, Cooperative Societies, Jalgaon has not been given effect in view of the protection granted to the petitioners by this Court. Even during continuance of the proceedings, the protection was extended further. It appears that by order passed on 27/7/2010, the Divisional Joint Registrar, Cooperative Societies, Nashik, rejected application tendered in above appeals by the petitioners requesting for grant of stay to the order passed by District Deputy Registrar during continuance of the proceedings. The order passed by Divisional Joint Registrar on 27/7/2010 is subjected to challenge in both these 7 Petitions. 3] It is not disputed that the order passed by District Deputy Registrar directing superssession of the managing committee has not been given effect in view of protection extended to the petitioners by this Court as well as by appellate Court. It is the contention of the petitioners that there are disputed questions of law and facts which are required to be dealt with by appellate Court. Ends of justice would be met if Divisional Joint Registrar is directed to decide the pending appeal expeditiously and till then, the impugned order passed by District Deputy Registrar shall not be given effect. 4] In these circumstances, the appellate authority is directed to decide the appeal within 3 months from today. In the mean time, the order passed by District Deputy Registrar, Cooperative Societies, Jalgaon, shall be kept in abeyance. 8 Rule is made absolute accordingly. After disposal of the appeal the protection granted in this Petition shall remain operative for a period of 2 weeks. (R.M.BORDE) JUDGE ... umg/wp7099-10