1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4742 OF 2009 1. Mahendra s/o Nimba Pawar, Age : 52 years, Occu.Agril., r/o Warkhede Bk, Tq. Chalisgaon, District Jalgaon 2. Ravindra s/o Chudaman Patil, Age : 47 years, Occu.Agril., R/o Umbarkhed, Tq. Chalisgaon, District Jalgaon 3. Udesingh s/o Mohan Patil, Age : 58 years, Occu.Agril., r/o Umbarkhed, Tq. Chalisgaon, District Jalgaon 4. Gopalrao s/o Baburao Patil, Age : 51 years, Occu.Agril., r/o Chinchkhed, Tq. Chalisgaon, District Jalgaon 5. Popat s/o Ganpat Patil, Age 48 years, Occu.Agril., R/o Alwadi, Post Shirasgaon, Tq. Chalisgaon, Dist. Jalgaon 6. Pating s/o Sitaram Patil, Age : 54 years, Occu.Agril., r/o Don, Tq. Chalisgaon, District Jalgaon 7. Ashok s/o Fakirrao Wabale, Age 56 years, Occu.Agril., r/o Mundkhede Kd., Tq. Chalisgaon, District Jalgaon 8. Rajendra s/o Nimbaji Deshmukh, Age : 52 years, Occu.Agril., r/o Mehunbare, Tq. Chalisgaon, District Jalgaon 2 9. Sudhakar s/o Bapurao Deshmukh, Age 58 years, Occu.Agril., R/o Patonde, Tq. Chalisgaon, District Jalgaon 10. Pramod s/o Pandurang Patil, Age : 46 years, Occu.Agri., r/o Bhamare Bk., Tq. Chalisgaon, District Jalgaon 11. Pitambar s/o Dharma Chaudhari, Age : 46 years, Occu. Agril., r/o Wadhali, Tq. Chalisgaon, District Jalgaon 12. Uttam s/o Tukaram Ahire, Age 49 years, Occu.Agril., r/o Umbarkhed, Tq. Chalisgaon, District Jalgaon 13. Ramchandra s/o Dashrath Patil, Age 62 years, Occu.Agril., r/o Sumai, Ring Road, Chalisgaon, Dist. Jalgaon 14. Anil s/o Anandrao Jadhav, Age 52 years, Occu.Agril., r/o Sumai, Ring Road, Chalisgaon, Dist. Jalgaon 15. Sau. Indubai w/o Nimba Patil, Age : 56 years, Occu. Household, r/o Malshevge, Tq. Chalisgaon, District Jalgaon VERSUS 1. The State of Maharashtra, through its Secretary, Milk, Animal Husbandry and Fishery Department, Mantralaya, Mumbai 2. The Divisional Deputy Registrar, Co-operative Societies (Dairy), Nahsik Division, Nashik, Dist. Nashik ..RESPONDENTS 3 Mr R.T. Nagargoje, Advocate for the petitioners; Mr N.N. Jadhav, AGP for respondents. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 22nd July, 2009 ORAL JUDGMENT (PER P.V. HARDAS, J.) Mr Nagargoje, learned Counsel for the petitioners seeks oral leave to amend the prayer clause for incorporating a challenge to the show cause notice issued to the petitioners under section 78 of the Maharashtra Co-operative Societies Act. We permit the petitioners to amend the petition. Amendment to be carried out forthwith. 2. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 3. The petitioners claim to have been elected as members of the managing committee of the Chalisgaon Taluka Sahakari Dudh Utpadak Sangh Maryadit, Chalisgaon, District Jalgaon. According to the petitioners, the term of the managing committee was for five years and the term would be valid upto 2013 as the petitioners were elected in April, 2008. Thereafter the elections of the Chairman were held on 16.5.2008. Since the term of the election of the Chairman was of one year, further election to the post of Chairman was held on 25.5.2009. According to the petitioners, the respondents have issued a show cause notice to the petitioners under section 78 (1) of the Maharashtra Co-operative Societies Act. According to the petitioners reply has been submitted by the petitioners and they apprehend that adverse order is 4 likely to be passed by the respondents malafide. 4. Since the petitioners have already acquiesced to the proceedings of the show cause notice and petitioners have adequate remedies available to them in law for challenging the proceedings arising out of the show cause notice, we are not inclined to interfere in this petition. However, we direct that in the event an order adverse to the interest of the petitioners is passed, the same shall not be implemented for a period of two weeks from the date of receipt of the said order in order to enable the petitioners to avail the alternate remedies available to the petitioners in law. 5. Petition is accordingly dismissed with the aforesaid directions. Rule stands discharged with no order as to costs. [ A.V. POTDAR, J. ] [ P.V.HARDAS, J.] amj/wp4742.09