1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.:2359 OF 2011 IN WRIT PETITION NO.: 10839 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLN. NO.:2359 OF 2011 IN WRIT PETITION NO.: 10839 OF 2010 *** Sonewadi Vividh Karyakari Seva Sahakari Society Ltd., Sonewadi Versus Dhanaji Ramchandra Jaipatre & others. *** Mr. P. B. Shirsath, Advocate for Applicants. Mr. S. B. Pulkundwar, A.G.P. for Respondent Nos. 5 to 7. Mr. R. N. Dhorde with Mr. P. S. Dighe, Advocate for Petitioners in writ petition. *** CORAM: P.B.DHARMADHIKARI & R. M. BORDE, JJ. P.C. [PER BORDE, J.]: 1. This Civil Application is presented seeking vacation of the exparte interim order granted by this Court in terms of prayer clause (E) in Writ Petition No.10839 of 2010 on 7th December, 2010. While granting rule in the matter the Division Bench has also granted interim relief in terms of prayer clause (E). Prayer clause (E) reads, thus: 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.:2359 OF 2011 IN WRIT PETITION NO.: 10839 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. "E) Pending hearing and final disposal of this writ petition, direct the Respondents No.3 & 4 to hold the elections of Respondent No.5 society without implementing the said Model Bylaws No. 9(3), 9(5), 9(6) and 9(7) adopted by Respondent No.5 society and for that purpose issue necessary orders. 2. It is pointed out by learned counsel for the Applicant that in similar matters raising identical challenge this Court has granted stay to the operation of Bylaw No. 9 (5) and 9 (6) only. The Bylaw No. 9 (5) and 9 (6) appear to be contrary to the mandate of provisions of section 73B (3) and 73BBB (3) of the Maharashtra Cooperative Societies Act, 1960. On consideration of relevant facts and circumstances, it is necessary to direct modification of the interim order passed by this Court on 7th December, 2010. Bylaw No. 9 (3) relates to definition of non-borrower members and its operation need not be stayed. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.:2359 OF 2011 IN WRIT PETITION NO.: 10839 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. The restriction clamped on the borrower or non-borrower members for exercising their right to vote for electing members from reserved categories as well as from weaker section, is contrary to provisions of Maharashtra Cooperative Societies Act and as such implementation and operation of Bylaws 9 (5) and 9 (6) needs to be stayed subject to clarification. Hence, we pass the following order: (i) The interim order passed on 4th December, 2010 granting interim relief in terms of prayer clause (E) stands recalled. (ii) There shall be stay to the implementation and operation of the Bylaw No. 9 (5) and 9 (6) pending the hearing and final disposal of writ petition No.10839 of 2010 subject to clarification, as noted below: (iii) The members belonging to borrower as well as non-borrower categories shall be 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.:2359 OF 2011 IN WRIT PETITION NO.: 10839 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. entitled to contest election and cast their vote for electing representative from the reserved categories mentioned in section 73B and 73BBB of the Maharashtra Cooperative Societies Act, 1960. (iv) The members belonging to borrower category would be entitled to contest the election as well as cast vote for electing 7 representatives from borrower members category [Bylaw No.9 (1) (1)]. The members belonging to non-borrower category shall be entitled to contest elections as well as cast their votes to elect representative belonging to non-borrower members category. [Bylaw No. 9 (1) (2)]. 3. With this clarification the civil application stands disposed of. [R. M. BORDE, J.] [B.P.DHARMADHIKARI, J.] Dated:10/03/2011. ans/2359