:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 560 OF 2008 Shri Arun Manohar Prabhu and anr. ...Petitioners Versus The State of Maharashtra and Ors. ....Respondents ====== Mr.Sandesh Deshpande, Adv. for the petitioners. Ms.P.S.Cardozo, AGP for respondent no.1 and 2. Mr.M.P.Shirsat, Adv. for respondent no.3. CORAM: S.C.DHARMADHIKARI, J. DATED: 1ST FEBRUARY,2008. P.C. P.C. P.C. : : : 1. By this petition, the petitioners are challenging the order passed by the District Deputy Registrar, CIDCO, CBD, Belapur, Navimumbai, pursuant to which the said Registrar in exercise of his powers under Section 78 of the Maharashtra Co-operative Societies Act, appointed an Administrator on the Respondent no.3-Society. He has issued a further direction :2: :2: :2: replacing the Administrator with a three member committee. 2. The petitioner have an objection to this Three Member Committee, inasmuch as, the affairs were being managed by an Administrator. The Petitioners have no objection to the Administrator managing the affairs and taking further steps, but, none from the Society who purports to represent the Society shall find place in the Board of Administrators, in the light of the serious disputes and charges against each other. The petitioners are agreeable to stay away from the management until fresh elections are held. 3. The matter was adjourned to enable the learned AGP to take instructions. She submits that the District Deputy Registrar is on leave and there is none other than him available in the office who can take charge as an Administrator. 4. In such circumstances, I indicated to parties that the District Deputy Registrar at Thane would nominate an Assistant Registrar who shall take over as :3: :3: :3: Administrator and manage the affairs of the Respondent no.3 Society. He shall also hold elections after preparing a voters list. Until elections are held, the Administrator should manage the day to day affairs of the society and not take any major policy decisions. 5. Both sides have agreed to this course suggested by me. In such circumstances, the order under challenge is set aside and instead the District Deputy Registrar is directed to designate an Assistant Registrar working in his office as an Administrator of the Respondent no.3-Society. 5. The said Assistant Registrar shall prepare a voters list and hold elections in accordance therewith as expeditiously as possible. Until then, he shall not take any major policy decisions, but, manage day to day affairs of the third respondent society. The society are agreeing and undertake to hand over the records and documents in their custody to the newly appointed Administrator within one week from the date of the receipt of the communication from him in that behalf. The District Deputy Registrar to take steps to :4: :4: :4: appoint/designate an Administrator within a period of 15 days from the date of receipt of a copy of this order. 6. Needless to state, that after the Record and documents are taken over by the Administrator, all members can have access to the same by requesting the Administrator and also by prior appointment. Petition disposed off. No costs. *******