1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4925/2007 (Nathuji Kisanji Girhepunje and another vs. Distt. Dey. Registrar (Dairy) Co.Op. Society Nagpur and others) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Shri S.Ghate, Adv. for the petitioners. Shri A.S.Fulzele, AGP for R-1 Shri V.N.Gavli, Adv. for R-3 CORAM : A.M.KHANWILKAR AND S.R.DONGAONKAR, JJ DATED : 1 st July, 2008. Heard counsel for the parties. 2. Having regard to the nature of order that we propose to pass, it would not be appropriate to examine the grievance of the petitioners with regard to merits of the case. Suffice it to observe that the limited grievance of the petitioners that the District Deputy Registrar (Dairy) Cooperative Society, Nagpur, has abdicated his authority of deciding the representation given by the petitioners as back as on 20th April, 2007, to consider whether any of the members of the managing committee had incurred disqualification on account of non-compliance of mandatory requirement of Section 73(1)(AB) of the Maharashtra Cooperative Societies Act, 1960. 3. The petitioners have alleged about the non-compliance in the said representation dated 20th April, 2007 in respect of members of the managing committee who 2 have been elected for the period from 2006 and to remain in the office till 2010. 4. Having regard to this position, we think it appropriate to dispose of this petition with direction to respondent no.1 to forthwith proceed with the inquiry and pass final order thereon after giving opportunity to all concerned. All questions in the said inquiry are left open to be decided on its own merits in accordance with law. The inquiry shall be finally concluded and appropriate order pronounced, by respondent no.1, not later than 15th of August, 2008. Respondent No.1 is directed to issue formal notices to all concerned not later than 7th July, 2008, giving suitable returnable date of the proceedings so as to ensure that appropriate decision is taken before the specified date i.e. 15th August, 2008. 5. In case of non compliance of any of the above direction, it will be open to the petitioners to initiate action for appropriate relief against Respondent No.1 personally, if so advised. That proceeding will be considered on its own merits. 6. Learned AGP assures to inform Respondent No.1 about the order and to advise him to decide the proceedings within the specified time. Petition disposed of in the above terms. JUDGE JUDGE Rvjalit