1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 867 OF 2010 (Roshan Ramdas Bagde & Ors. vs. Natthu Dajibaji Wahane & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JUNE 15, 2010. Heard Shri Patil, learned counsel for the petitioners, Shri Bagwani, learned counsel for respondent No. 1 and Shri Wahane, learned counsel for Respondent No. 2, Shri Jaiswal, learned AGP for respondents No. 3 & 4. Respondent No. 4 has rejected application under Section 160 of Maharashtra Cooperative Societies Act, 1960, (hereinafter referred to as the Act) filed by the petitioners after noticing that petitioner No. 1 was elected on two posts and both posts became vacant. Further election was held on 27.11.2008 and in it, one Dharamdas Bagde was elected un-opposed as President. Similarly, on vacant posts, in Managing Committee, some co-options were made. The said authority found that thus a disputed question has arisen and it could have been resolved under Section 91 of the Act. The said order has been maintained by Respondent No. 4 in revision. Shri Patil, learned counsel contends that disputed question does not arise at all because immediately after the election of the petitioner No.1, he 2 tried to tender resignation of one post i.e. Member of Managing Committee to Election Officer but as Election Officer was not available, it was tendered to Respondent No. 4 and to the Collector. He further argues that in view of that resignation, the inference that both posts became vacant is unwarranted and he has relied upon an order passed by Cooperative Court in proceedings under Section 91 of the Act to show that body of petitioner is found to be prima facie validly elected. He states that in such circumstances, the impugned order and application of mind therein is unsustainable. Without prejudice to his these contentions, he argues that as a parallel body is found to be functioning by Respondents No. 3 & 4, the recourse to Section 77-A of the Act ought to have been taken. The respective counsel for the respondents, however, supported the impugned order. They state that the story of resignation of the petitioners as alleged is itself in dispute and hence an order under Section 160 of the Act for handing over the records has been declined to the petitioners. They point out that there was report of Election Officer in which it has been mentioned that the post occupied by petitioner No. 1 as President and as a Member of Managing Committee had become vacant and those posts were then filled in the meeting conducted on 27.11.2008. They point out that there is no challenge to this meeting dated 27.11.2008. Shri Patil, learned counsel states that the 3 alleged meeting conducted on 27.11.2008 does not exist and the petitioners have no knowledge of such meeting. According to him, it is not necessary for the petitioners to challenge the proceedings of that meeting and co- options allegedly made therein. The facts above clearly show that petitioner No.1 – Roshan came to be elected on two posts simultaneously. The contention that he tendered resignation from one post, appears to be a question in dispute and the report of Election Officer that both posts became vacant, as considered in the meeting of Managing Committee, cannot be disbelieved at this stage. I, therefore, find substance in the findings recorded by Respondents No. 3 & 4 that a disputed question arises. The reliance upon interim order passed by the Cooperative Court is misconceived because the question of election of petitioner No. 1 on two posts or consequent vacancy in both posts by him was not in issue before that Court. Hence, with liberty to the petitioners to take further appropriate steps in accordance with law, present writ petition is disposed of. No order as to costs. It is made clear that if the petitioners take further appropriate steps in accordance with law, the proceedings instituted by them may be decided as early as possible. JUDGE *GS.