ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.741 FO 2009 Ravi Shamsunder Ramnani ..Petitioner. Vs. The State of Maharashtra and Ors ..Respondents. Mr Harshad Bhadbhade, Advocate for Petitioner. Mr S.N. Bhosale,A.G.P., for Respondent Nos.1 and 2. CORAM: D.K. DESHMUKH AND K.K.TATED,JJ DATED: 4TH NOVEMBER,2009 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. By this petition, the only direction sought by the petitioner is that the respondent shall comply with the provisions of law and hold elections to the Managing Committee of the Respondent no.3-society. It is an admitted position that by an order dated 3.2.2006 passed under Section 77A of the Maharashtra Co- operative Societies Act, 1960, ( the Cooperative Societies Act for short) the Managing Committee was removed and Administrator was appointed. Though a specific provision is made in sub section (3) of Section 77A that the Committee or Administrator so appointed shall hold office for a period of six months and a statutory duty is cast on the Administrator or the Committee to take steps to hold elections to the new Managing Committee, admittedly, the Administrator has not taken any steps to hold elections. The only reason given for failure to perform statutory duty is that there are allegations of mismanagement by the previous Committee. In our opinion, that cannot be a reason for not holding the elections by the Administrator appointed under Section 77A of the Co-operative Societies Act. If the Administrator is appointed under Section 77A it is his statutory duty to take steps to hold the elections. In our opinion, therefore, this petition will have to be allowed. It is accordingly allowed. The Administrator of the Respondent No.3-society who is appointed under Section 77 (2) of the Co- operative Societies Act is directed to initiate the process for conducting election of the Managing Committee of the Respondent No.3- Society immediately and to complete the process within a period of three months from the date of initiation of such process. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J) (K.K.TATED,J)