1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.288 OF 2008 1. Rajaram M. Kalukhe & anr. Petitioners vs. 1. The State of Maharashtra & ors. Respondents Mr.P.A.Pol for the petitioners. Mrs.Bhende, AGP for respondents 1 to 3. Mr.S.S.Suryawanshi for respondent no.6. CORAM : R.V. MORE,J. DATED : 10th July, 2008 P.C. Heard Mr.Pol, the learned counsel for the petitioners, Mrs.Bhende, learned AGP for respondents 1 to 3 and Mr.Suryawanshi for respondent no.6. 2. The petitioners are members of the Managing Committee of respondent no.5-Credit Society. Respondent No.3, the Assistant Registrar issued notice under section 88 and appointed respondent no.4 as an Enquiry Officer. This notice was challenged by the petitioners by filing revision before the Divisional Joint Registrar of Cooperative Societies, Kolhapur. The learned Divisional Joint Registrar by order dated 25.07.2007 dismissed the petitioners revision and hence the present petition. 2 3. Respondent no.3 initiated enquiry under section 88 and appointed respondent no.4 as an Enquiry Officer on the basis of report of District Special Auditor No.1, Sahakari Sanstha, Satara. In my view, the petitioners can defend the proceedings against them. The final order in a proceeding under section 88 can be passed only after hearing the petitioners and following the procedure prescribed under Rule 72 of the Maharashtra Cooperative Societies Rules. In that view of the matter, I am not inclined to interfere in the impugned order under Article 227 of the Constitution of India and the petition is accordingly dismissed. [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]