1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8752 OF 2009 Chandrahas Gajanan Wadikar & Anr. .. Petitioners. Vs. State of Maharashtra & Ors. .. Respondents. Mr.C.J.Sawant, Sr.Counsel i/b V.D.Patil for the petitioners. Mr.N.V.Walawalkar, Sr.Counsel with Mr.A.S.Anand i/b Ms.Samith Dhond for respondent nos.5 to 14. Mr.S.D.Rayrikar A.G.P. for respondent nos.1 to 4. CORAM : D.B. BHOSALE, J. DATED : 17TH DECEMBER, 2009 P.C. . Heard learned counsel for the parties. 2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself. 3. This writ petition is directed against the order dated 19.9.2009 passed by respondent no.2 setting aside the orders dated 5.5.2007 and 16.4.2009 passed by the Deputy Registrar and the Divisional Joint Registrar respectively. I have heard learned senior counsel for the parties and they have fairly stated that I need not record reasons for disposing of this writ petition and they have agreed for the following order: 2 (a) The order dated 19.9.2009 passed by respondent no.2 is quashed and set aside. By consent the order of registration of petitioner no.2 – society, issued in pursuance of the order of bifurcation passed by the Deputy Registrar dated 30.4.2007, and the order of the Divisional Joint Registrar dated 16.4.2009 are confirmed. (b) The petitioner no.2 – society to admit all eligible occupants, who have yet not become members of the society, as members of the society. All such eligible occupants shall comply with all the formalities for their admission as members within a period of two weeks from today. The petitioner-society shall formally admit all the eligible occupants as members of the society within a period of 15 days therefrom. (c) The petitioners shall hold fresh elections of the managing committee within a period of four months from today. (d) The petitioners shall approach respondent no.4 - Deputy Registrar for appointing an officer from his office to supervise the election process of the society. Respondent No.4 - Deputy Registrar is directed to appoint an officer from his office to supervise the elections of petitioner no.2 – society within two weeks from the date petitioner no.2 approach him. (e) The society to appoint a person as Returning Officer as provided for in the bye-laws of the society immediately after admitting all eligible occupants as members of the society. The 3 Returning Officer appointed by the society shall hold elections of the society in accordance with the bye-laws and under the supervision of the officer appointed by respondent no.4. He shall complete the election process within the time stipulated and shall handover charge to the newly elected managing committee within a period of three days from the date of election. (f) It is open to respondent nos.5 to 14 to institute appropriate proceedings, if so advised and if they so desire, challenging the status of petitioner no.1 or such other person, who, according to them, were not eligible to become members of the society or members of the managing committee. If any such proceeding is instituted by the said respondents same may be considered and dealt with in accordance with law. Institution of any such proceedings, however, shall not affect the election process and the Returning Officer under supervision of the officer appointed by respondent no.4 shall complete the election process within the time stipulated. All contentions of the parties are kept open. It is made clear that this court has not expressed any opinion on merits of the case. Rule is made absolute in terms of this order. No costs. (D. B. Bhosale, J.)