Milind Gangan And ORS v. The State Of Maharashtra Thr. Divisional Joint Registrar Mumbai And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2021.09.02 10:30:37 +0530 BASAVRAJ GURAPPA PATIL WRIT PETITION NO.2785/2021 Milind Gangan & Ors.

..... Petitioners Vs.

The State of Maharashtra & Ors.

..... Respondents Mr. Bipin Joshi for the Petitioners Mr. Nikhil Rajeshirke for Respondent Nos.4 to 10 Mr. S. S. Panchpor, AGP for the State

CORAM:

K.K.TATED & PRITHVIRAJ K. CHAVAN, JJ.

DATED :

AUGUST 31, 2021 P.C.

Heard. By this petition under Article 227 of the Constitution of India, the Petitioners challenge the order dated 17.03.2021 passed in Appeal No.125/2021 by the Divisional Joint Registrar, Cooperative Societies, Mumbai staying the order dated 25.02.2021 passed by the Dy. Registrar, Cooperative Societies, till hearing and final disposal of the Application.

The learned counsel for the Petitioners and the learned counsel for Respondent Nos.4 to 10 submit that they have decided to hold election of the Managing Committee of Respondent No.4 for the period 2021-2022 to 2027-2028 as per the election program annexed to the 1/6

consent minutes of order. The consent minutes are duly signed by the advocate for the Petitioner, Petitioner No.1 and advocate for Respondent Nos.4 to 10. The consent minutes are taken on record and marked "X" for identification, which read thus:

"IN THE HIGH COURT OF JUDICATURE AT BOMBAY WRIT PETITION NO. OF 2021 Mr. Milind Gangan and Ors.

...Petitioners

Vs The State of Maharashtra and Ors.

...Respondents

Coram :

K.K. Tated and Prithviraj K. Chavan.JJ Dated :

31.08.2021 CONSENT MINUTES OF THE ORDER The Petition dispose of in terms of present consent minutes of order.

The Respondent no.5 to 10 hereby directed to conduct the election of managing committee of the Respondent no.4 for the period of 2021-22 to 2027-28 as per the draft election program annexed herewith at "Annexure A".

The Respondent no.3 is appointed as Returning Officer to conduct the said election as per the guidelines laid down by the State.

No order as to costs.

Dated this 31st day of August, 2021 at Mumbai. Advocate for Petitioners Petitioner no 1.

(MILIND GANGAN) Advocate for Respondent no.4 to 10"

2/6

The election program shall be held as per Annexure-A annexed to the aforesaid consent minutes of order, which read thus:

ELECTION PROGRAM It is hereby notified for the information of the members of TILAK NAGAR VARDAN CO-OPERTIVE HOUSING SOICETY LTD., a society duly registered under the MCS Act, 1960 having its office at Building No.56, Tilak Nagar, Mumbai 400089, that the managing Committee letter dated 31.08.2021 has mentioned us (the undersigned) to hold election to the post of members of menging Committee for the period 2021-2022 to 2027-2028. The detailed program at election including various stage at election process is a follow:

SR.

NO.

CATEGERY OF MEBERS NO OF SEATS 1.

General Members 2.

Ladies Reserve 3.

SC/ST Reserve 4.

NT/VG-NT Reserve 5.

OBC Reserve Seats Total Seats Sr.

No.

Particulars Date Time Venue 1.

Publication at provisional list of Voters as on 31.07.2021 by managing Committee 06.09.2021 am Notice board of the society 2.

To receive suggestions and od objections of the provisional list of Voters.

06.09.2021 to 19.09.2021 am to 3/6

1 pm 3.

Publication of final list of Voters after considering suggestions and objections and publication of notice inviting with Nomination form to all members.

20.09.2021 am Notice board of the society 4.

Availability and acceptances of Nomination forms.

21.09.201 to 27.09.2021 am to 11am 5.

Publication of last of Nomination 27.09.2021 12 pm Notice board of the society 6.

Scrutiny of Nomination form 28.09.2021 am to 11am 7.

Publication of list of vailed Nomination after scrutiny.

29.09.2021 am Notice board of the society 8.

Withdrawal of Candidature Nomination form 13.10.2021 am 9.

Publication of list candidates of contesting 14.10.2021 am Notice board of the society 10.

Voting by Ballot 17.10.2021 am to 1 pm 11.

Counting of Votes 17.10.2021 1.30 pm 4/6

12.

Declaration of results 17.10.2021 After Count ing is over (SANJAY VALUNJ) Place: Mumbai RETURNING OFFICER Date: 06.09.2021 TILAK NAGAR VARDAN CHSL Note:

1. Any correspondence about this election shall be addressed to the Managing Committee, TILAK NAGAR VARDAN COOPERTIVE HOUSING SOICETY LTD., a society duly registered under the MCS Act, 1960 having its office at Building No.56, Tilak Nagar, Mumbai 400089 or returning officer MR. SANJAY VALUNJ, TILAK NAGAR VARDAN COOPERTIVE HOUSING SOICETY LTD., Building No.56, Tilak Nagar, Mumbai 400089.

2. Members filling Nominations should attend the scrutiny of Nominations.

3. Members intending to contest the election of Menging Committee should clear their outstanding dues before 28.09.2021.

HOPE FOR YOUR VALUABLE CO-OPERATION TO HAVE A FAIR & SOUND ELECTION.

(SANJAY VALUNJ) Place: Mumbai RETURNING OFFICER Date: 06.09.2021 TILAK NAGAR VARDAN CHSL" 5/6

The Writ Petition stands disposed of in terms of the consent minutes of order.

The parties to act on an authenticated copy of this order.

No order as to costs.

(PRITHVIRAJ K. CHAVAN, J.) (K.K.TATED, J.) 6/6