Sheetala Prasad Sharma And ANR. v. State Of Maharashtra And ORS.

9.wp.1567-18.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1567 OF 2018 Sheetala Prasad Sharma & anr.

.. Petitioners vs.

State of Maharashtra & ors.

.. Respondents ------------------------ Mr. B.M. Chatterji, Senior Advocate a/w. Ronit Basu, Ms. Kavita Singh i/b. Ram U. Singh for the Petitioners.

Mrs. M.S.Bane, AGP for the respondent Nos.1 to 3. ------------------------ CORAM : M.S.KARNIK, J.

DATE : MARCH 8, 2021 P.C.:- Heard learned Senior Advocate Shri Chatterji appearing on behalf of the petitioners.

2.

My attention is invited to the interim order dated 27th February, 2018 passed by this Court. By virtue of the interim order five members of the society were carrying out day-to-day functioning of the society. However, there was restraint on taking any major policy decision. Learned Senior Advocate submits that the present situation necessitates taking some major decisions. In all fairness, he pointed out that the term of the present committee has expired and therefore it is now necessary to hold fresh elections.

3.

Learned AGP pointed out that fresh elections cannot be held due the G.R. which has been issued by the State Government not

9.wp.1567-18.doc to hold any elections of the Housing Societies till 31st March, 2021 in view of the Covid-19 pandemic situation.

4.

In this view of the matter, the present Petition can be disposed of by directing the committee to conduct elections as per the law expeditiously as and when embargo to hold the elections is lifted by the State Government.

5.

Till then, the committee to function in terms of the order dated 27th February, 2018 passed by this Court. Digitally signed by Diksha Rane Date:

2021.03.08 15:02:06 +0530 Diksha Rane 6.

The Writ Petition is disposed of.

(M.S.KARNIK, J.)