1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1147 OF 2008 Nilesh Mehta .. Petitioner Versus The State of Maharashtra & Ors. .. Respondents Mr.D.W.Bhosale for petitioner Ms.Smita Gaidhani with Shekhar Ingawale AGP for respondent Nos. 1 to 4 Mr.I.N.Vohra for respondent No.5 CORAM : S.C.DHARMADHIKARI, J. DATE : 6th May 2008 P.C. . This petition is directed against the interim stay which is granted by the Minister of State for Cooperation and Textiles, on the stay application which was preferred before him by one Vinod Pawar - respondent No.5 before me. 2. The said Vinod Pawar claiming to be the ex-secretary of Tilaknagar Sahyog Housing Society Ltd., Building No.18 Tilak Nagar, moved a 2 revision application challenging orders dated 2nd August 2007 and 4th July 2007. These orders are admittedly made under section 78(1) of the Maharashtra Coop.Societies Act. By the said order the Managing Committee of the society has been superseded and the Administrator was appointed. The said order has been confirmed by the appellate authority. Before the Revisional Authority admittedly pointed out that the Administrator took charge pursuant to the order dated 4th July 2007 and thereafter proceeded to take in his custody all documents and papers relevant for the purpose of administering and managing affairs of the society. It is undisputed that that Administrator has resigned and, therefore, by virtue of the discretionary powers conferred by Proviso to section 78(1)(a)(ii), a Board of Administrators was substituted. The Board of Administrators have moved in the matter and have taken charge from the outgoing Administrator. Further, they have 3 taken into their custody the documents and papers. Yet, the Minister passed an order of stay on the application of respondent No.5 and restored the status quo ante, is the grievance made before me by Mr.Dani and Mr.Bhosale. When this matter was placed before me I directed learned AGP to produce record. Accordingly, the same is produced before me today. The society has by a letter dated 12th January 2008 informed the Dy.Registrar, C.S. that it has handed over the charge to the Board of Administrators. The record reveals that the Administrator has acted upon the orders passed under section 78(1) of the M.C.S. Act. 3. The grievance made before me by respondent No.5 is that the Administrators cannot continue indefinitely and the very purpose of their appointment is to hold elections. I am aware of this position. That does not, in any manner, enable respondent No.5 to move before the 4 Minister and seek interim stay in the manner set out above. There is clear suppression of facts on his part. Further, his locus to move the revision application is also seriously challenged. 4. Be that as it may. Since the Board of Administrators is taking steps to hold elections and respondent No.5 has made a statement before me that he withdraws the revision and appeal so also the stay application, upon which the impugned order has been passed, interest of justice would be sub-served by disposing of the petition with direction to the Board of Administrators to hold elections as expeditiously as possible for electing managing committee of the subject coop.society. The Board of Administrators to take necessary steps and complete electoral process by 30th June 2008. All concerned to act on an authenticated copy of this order. R & P is returned to A.G.P. 5 (S.C.Dharmadhikari, J)