vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3605 OF 2009 WRIT PETITION NO.3605 OF 2009 WRIT PETITION NO.3605 OF 2009 Dandane Murlidhar Dattaram ... Petitioner V/s. Smita S. Gaikwad & Ors. ... Respondents Mr.A.G. Joshi i/b Ms.Namrata S. Pednekar for Petitioner Mr.P.P. Kakade, AGP, for Respondent State Mr.S.A. Pawar for Resp. Nos.3 to 6 CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: APRIL 8, 2009 APRIL 8, 2009 APRIL 8, 2009 P.C.: P.C.: P.C.: . The petitioner challenges the order passed by the Assistant Registrar, Cooperative Societies under section 80(1) of the Maharashtra Cooperative Societies Act, 1960. This order was passed on 2.2.2009 directing that the records and property of the Vijay Cooperative Housing Society, Bhandup village, Bhandup (East), Mumbai-400042 should be seized from the past Managing Committee and necessary orders in that regard should be issued to the concerned police station. The learned advocate appearing for the petitioner points out that the election of Vijay Cooperative Housing Society was held in November 2008 and Respondent Nos.1 to 6 have been elected as members of the Managing Committee. He submits that the Petitioner was a member of the past Managing Committee being the Secretary of the Committee. : 2 : According to the learned Counsel, the Registrar can initiate action u/s 80 only when it is found that the books and records of the society are likely to be suppressed, tampered with or destroyed. He points out that the powers of the Registrar which can be exercised u/s 160 of the Act for directing the old Committee too hand over the papers and property of the society ought to have been exercised, if indeed there was any case made out by the new Committee that the old Committee had not handed over requisite papers and property of the society. 2. I have heard the learned Counsel for the parties. A perusal of section 80 of the MCS Act indicates that this section would be applicable where the Registrar is satisfied that the books and records of a society are likely to be suppressed, tampered or destroyed or the funds and property of the society are likely to be misappropriated or misapplied by the Managing Committee. In such a case, the Registrar can apply to the Executive Magistrate for seizing and taking possession of the records and property of the society. After such an application is made, the Magistrate is authorised u/s 80 (2) to consider the application and to direct a police officer not below the rank of Sub-Inspector to seize the records and property them for handing them over to the Registrar. This section in my : 3 : view, would not be attracted in a case where after the elections are held. A grievance is made by the newly elected body that the Chairman or the Committee members of the old Managing Committee have not handed over the charge of the office of the Committee and or papers or property, if any, of the society, in their possession. The allegation against the petitioner was that after elections, he had not handed over the requisite papers and property of the society to the new committee. Therefore, in my opinion, action ought to have been initiated u/s 160, if at all, and not u/s 80 of the MCS Act. 3. The orders passed by the Assistant Registrar on 2.2.2009 and the Tehsildar which have been impugned in this Petition and annexed at exhibits D and E are set aside. The Registrar/Assistant Registrar may initiate action against the retired Chairman/Secretary or members of the old Managing Committee us/ 160 of the MCS Act, if necessary. 4. The petition is disposed of accordingly. 5. Several documents and properties which have already been handed over to the new Managing Committee, either voluntarily by the Petitioner or in execution of the impugned order, will remain with the respondents. : 4 : However, if it is found that some other property or documents are yet to be handed over to the new Committee action may be initiated u/s 160 of the MCS Act.