Tilak Nagar Anand Chsl Through Board Of Administrator And ORS. v. State Of Maharashtra Through The Secretary And ORS.

1 6.6970.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6970 OF 2019 Tilak Nagar Anand CHSL Through .....Petitioners Board of Administrator and others V/s.

State of Maharashtra through .....Respondents Secretary and others Mr. Arshil Shah a/w Ms. Jaini Shah for the Petitioners Mr. R. P. Kadam AGP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

JULY 19, 2019.

P.C.

Heard.

The order passed under Section 77A of The Maharashtra Cooperative Societies Act, 1960 ('the Act' for short) is subject matter of challenge.

2 6.6970.19 wp.doc The case of the petitioner is, he was appointed on the Board of Administrator in September 2017 and by order dated 31/10/2018, Board of Administrator was replaced by another Administrator. According to him, rituals of notice and opportunity of hearing as contemplated thereunder are not followed.

Considering the status of the petitioner as that of member of the Board of Administrator, in my opinion, order of replacing the petitioner with that of an Administrator cannot be faulted with, particularly when elections of the Society which are due were not held. That being so, there is no substance in the petition. As such, petition fails, stands dismissed.

[NITIN W. SAMBRE, J.]