bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1671 OF 2009 Mr.

Shashikant Jesrani & Ors. Vs. Assistant Registrar & Ors. Mr.Satyajeet Mirajkar i/b.Gabriel Pillai for the Petitioners. Mr.S.N.Patil, A.G.P.for the Respondents. CORAM :- V.C.DAGA,J. DATE : 27TH JANUARY,2009 P.C. ..Petitioners ..Respondents

1. Petition January, is

Heard learned Counsel for Petitioner. This directed 2009 passed against by the the order dated Divisional 13th Joint

Registrar, Cooperative Societies, Mumbai Division, Mumbai.

2. of hearing, is as under:

The factual matrix canvassed during the course

3.

On 8th August, 2005, the Managing Committee of

the Society entered into the office for a term of five years.

4. Cooperative Managing

As per Section 73(1)(AB) of the Maharashtra Societies Committee were Act,1960, bound the to members execute bond of by the 23rd

August, 2005 (i.e. within 15 days from the date of assuming office).

5. to the office on execute

The members of the Managing Committee failed bonds. Consequently, Committee August, 2005. by operation vacated there was of law, their no

Managing 24th

automatically Thereafter,

validly elected Managing Committee in the office of

:2: the Society.

6. who August, the further Cooperative resolution Advocate Election, the are

It appears that out of 7 members, 6 members constituted 2005 Society appears till that Managing continued 2008 sensing these 10th as appears of to October, be the an to 2008. validly September, Election have 6 2008 Officer conducted The elected present members Committee to look though action members and to Election in after the the month affairs of of It the adopted appointed conduct in Petitioners of the

unauthorisedly. from

Department, dated Mr.Borade who month claiming

Managing Committee in the election held in October, 2008.

7. Department Petitioners election Managing want Registrar read Societies Challenge also to been in with

The fault was found by the Cooperative with with held regard regard in the to to month could not the the of have contention validity October,2008, held of of since the the old for Assistant 73(1)(AB) Cooperative Administrator. said the order Divisional has Joint

Committee of authority. exercise Section Act,1960 this confirmed

election the Section

Consequently, of 78 power of the under

Maharashtra an The by

appointed order in failed. Appeal

Registrar, which is impugned in this Petition filed under Article 227 of the Constitution of India.

8.

Having heard learned Counsel for Petitioner,

:3: it were vacated the bond Cooperative no the the legal lapse under is clear elected their that the on office members 8th on by August, 24th them 78(1)(AB) Act,1960. Committee dated 10th in of the 2005, August, leading of Thereafter, the office. 2008 adopted illegally Managing had 2005, failure the there in to Committee automatically view of execute Maharashtra was Therefore, by holding

committed Section Societies Managing resolution

September, who was

Managing

Committee,

office could not have adopted resolution to hold fresh election. The action is bad & illegal.

9. for Managing illegality. the Respondent month holding

If the aforesaid resolution was the foundation election Committee, The of then Election October, 2008 giving it conducted being birth to suffers by bad the and was the from Society illegal, existing the in the

Cooperative

Department

perfectly

justified in appointing an Administrator under Section 78 of the Maharashtra Cooperative Societies Act,1960.

10.

In this view of the matter, the Petition is

devoid of any substance and liable to be dismissed in limine.

11. order as to costs.

In the result, Petition is dismissed. No

(V.C.DAGA,J.)