Mitin Shah And ORS v. The Div. Joint Registrar Of Co-Op. Soc. Mumbai And ORS

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12581 OF 2018 Mitin Shah & ors.

.Petitioners Vs.

The Divisional Joint Registrar, Co-operative .Respondents Societies, Mumbai & ors.

Mr. A. Menon, Advocate, for the Petitioners Mr. S. D. Rayarikar, AGP, for the Respondent Nos. 1 & 2 - State Mr. G. Bhujbal, Advocate, for the Respondent No. 3 Mr. R. Soni a/w Mr. M. Singh, Advocate, for the Respondent No.

CORAM

:

REVATI MOHITE DERE, J.

DATE :

01.11.2018 P.C.

.

Learned counsel for the Petitioners submits that the status-quo granted by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai, would mean that the Petitioners are entitled to contest the election and that the order of disqualifying the Petitioners from contesting the election is stayed. Learned counsel for the Respondents disputes the same. Since the order has been passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai, it would be

appropriate to direct the Divisional Joint Registrar, Co-operative Societies to clarify the said position. Accordingly, on an Application being made, the Divisional Joint Registrar to clarify the same on or before 03.11.2018, since the elections are to be held on 04.11.2018.

2.

Stand over to 22.11.2018.

3.

Learned AGP to communicate the said order to the Divisional Joint Registrar, who will take immediate steps to hear the Petitioners, if an Application is made before him. Learned AGP states that parties be directed to remain present before the Divisional Joint Registrar on 02.11.2018 at 3.00 p. m. so as to enable the Divisional Joint Registrar to clarify the impugned order dated 28.08.2018.

4.

In view of the aforesaid, nothing survives for consideration in the Petition. The Petition is disposed off on the aforesaid terms.

All concerned to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)