CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1671 OF 2009
Mr. Shashikant Jesrani & Ors...Petitioners
vs.
Assistant Registrar & Ors...Respondents
vs.
Assistant Registrar & Ors...Respondents
Mr.Satyajeet Mirajkar i/b.Gabriel Pillai for the Petitioners
Mr.S.N.Patil, A.G.P. for the Respondents
Mr.S.N.Patil, A.G.P. for the Respondents
CORAM: - V.C.DAGA, J.
DATE: 27TH JANUARY, 2009
DATE: 27TH JANUARY, 2009
P.C
1.
Heard learned Counsel for Petitioner.
This Petition is directed against the order dated 13th January, 2009 passed by the Divisional Joint Registrar,
Co-operative Societies, Mumbai Division, Mumbai.
2.
The factual matrix canvassed during
the course of hearing, is as under:
3.
On 8th August, 2005, the Managing
Committee of The Society entered into the office for a term of five years.
4.
As per Section 73(1) (AB) of the Maharashtra
Co-operative Societies Act, 1960, the Members of the Managing Committee were bound to execute bond by 23rd August, 2005 (i.e.
within 15 days from the date of assuming office).
5.
The Members of the Managing
Committee failed to execute bonds. Consequently, by operation of
law, the Managing Committee
automatically vacated their office on 24th August, 2005. Thereafter, there
was no validly elected Managing Committee
in the office of: 2: the Society.
6.
It appears that out of 7 members, 6
members who constituted Managing Committee in the
month of August, 2005 continued to look after the affairs of the Society till
2008 though unauthorized. It further appears that sensing action from the Co-operative
Department; these 6 Members adopted
resolution dated 10th September, 2008 and appointed Advocate Mr. Borade as an Election Officer to conduct Election, who
appears to have conducted Election
in the month of October, 2008. The present Petitioners are claiming to be
the validly elected Members of the Managing Committee in the election held in
October, 2008.
7.
The fault was found by the Co-operative
Department with regard to the contention of the Petitioners with regard to the validity of the election held in the month
of October, 2008, since old Managing Committee could not have held election
for want of authority. Consequently, the Assistant
Registrar in exercise of power under Section 73(1)
(AB) read with Section 78 of the Maharashtra Co-operative
Societies Act, 1960 appointed an Administrator. Challenge to
this order failed. The said order has also been confirmed in Appeal by the Divisional Joint
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 is clear that the Members of the Managing Committee were elected on 8th August, 2005, had automatically vacated their office on 24th
August, 2005, in view of the lapse committed by them leading failure to
execute bond under Section 78(1)
(AB) of the Maharashtra Co-operative Societies Act,1960.
Thereafter, there was no legal Managing Committee in the office. Therefore, the
resolution dated 10th September, 2008
adopted by the Managing Committee, who was illegally holding office could
not have adopted resolution to hold fresh election. The action
is bad & illegal.
9.
If the aforesaid resolution was the
foundation for holding election giving birth to the existing Managing Committee,
then it suffers from the illegality. The Election
conducted by the Society in the month of October, 2008 being bad and illegal, the Respondent Co-operative Department
was perfectly justified in appointing
an Administrator
under Section 78 of the Maharashtra Co-operative
Societies Act, 1960.
10.
In this view of the matter, the
Petition is devoid of any substance and liable to be dismissed.
11.
In the result, Petition is
dismissed. No order as to costs.
Published in interest of Public
-
Courtesy Adv. R. P.
Rathod.
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