1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3069 OF 2011 Naresh Thakkar & Ors. .. Petitioners. Versus Dy.Registrar “A” Ward, Co-op. Societies & Anr. .. Respondents. Mr.Kishor Patil i/b N.N.Bhadrashete for the petitioners. Mr.S.D.Rayrikar AGP for the State. CORAM : RANJIT MORE, J. DATED : APRIL 19, 2011. PC: 1. The petitioners claims to be members of the Managing Committee of respondent no.2 – credity society. The 1st respondent has issued notice under section 78(1) of the Maharashtra Co- operative Societies Act to the petitioners asking them to show cause why the Administrator should not be appointed. Some of the petitioners have already given reply to the said notice. Meanwhile, the petitioners have filed an application with respondent no.1 objecting jurisdiction of respondent no.1 to pass the order under section 78 on the ground that the area of operation of respondent no.2 – society is more than one district. This application is rejected. The petitioners apprehends that the 1st respondent will pass the order superseding them from the managing committee and appoint the administrator on respondent no.2. 2. Having heard learned counsel appearing for the respective S 2 parties I am of the opinion that the order of respondent no.1 rejecting the petitioners’ application objecting respondent no.1’s jurisdiction to pass the order under section 78 in respect of respondent no.2 – society can be challenged at the appellate stage in the appeal under section 152 of the Co-operative Societies Act. In my opinion, the interest of the petitioner will be protected if the said order under section 78 is directed not to take any effect for the period of two weeks from the date of service thereof on the petitioners. The petition, therefore, is disposed of by passing the following order: (i) In the event, the 1st respondent passes an order under section 78 of the said Act superseding the petitioners and appointing the administrator on respondent no.2 – society, the same shall not take effect for a period of two weeks from the date of service thereon on the petitioners. (ii) The petitioners are at liberty to raise all the contentions before respondent no.1 in the proceedings under section 78 of the Co- operative Societies Act. (iii) Needless to mention that the 1st respondent shall dispose of the proceedings under section 78 of the Co-operative Societies Act independently and on its own merits and without being influenced by this order. (RANJIT MORE, J.)