Randhir Laxmann Pawar And 9 Others v. The Deputy Registrar Co Op Societies And 5 Others

Bhogale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION/ CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1541 OF 2018 (O.S.) Randhir Laxman Pawar & ors.

.. Petitioners vs.

The Deputy Registrar Co-operative Societies & ors.

.. Respondents WITH WRIT PETITION NO. 646 OF 2019 (A.S.) Dr. Ambedkar CHS Ltd.

.. Petitioner vs.

The Deputy Registrar Co-operative Societies & ors.

.. Respondents ------------------------ WRIT PETITION NO. 1541 OF 2018 (O.S.) Mr. Uday Bobade I/b. Mr. Abhijeet Desai for the Petitioners. Mr. Vishwajeet P.. Sawant, Senior Advocae a/w Mr. Sunil Lahane I/b. The Juris Partners for Respondent No.4.

Mr. Prashant Kulkarni for Respondent No.3.

Mr. Hemant Haryan, AGP for the State/Respondent Nos.1, 5 and 6.

WRIT PETITION NO. 646 OF 2019 (A.S.) Mr. Prashant P. Kulkarni for the Petitioners. Mr. Vishwajeet P. Sawant, Senior Advocate a/w Mr. Sunil Lahane I/b. The Juris Partners for Respondent No.2.

Mr. Chetan Hadolikar for Interveners in CAW/138/2019. Mrs. V.S. Nimbalkar, AGP for the State.

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CORAM

: M.S.KARNIK, J.

DATE : FEBRUARY 23, 2021 P.C.:- Heard learned counsel for the parties.

2.

After hearing the Petition for some time on the last occasion it was pointed out that the term of the existing Managing Committee has come to an end some time in the year 2015. Since then the elections to the Managing Committee of the Society were not held. By the impugned order dated 16.01.2017 the board of administrators comprising of Mr. Suresh Khedkar, President, Mr. Dinesh Shankar Yadav, Member and Mr. Kishor Wamanrao Kamble, Member was appointed and they were directed to hold the elections to the Managing Committee within a period of six months. There was some dispute about the provisional voters list which came to be challenged by way of different proceedings.

3.

The present Petition can be disposed of as during the course of hearing, pursuant to the suggestions made, learned counsel for the parties positively responded and arrived at some consensus. Hence the following order :- 2/4

O R D E R

(1) The elections to the Managing Committee should be held within a period of six months from today. (2) The parties have consented to the names of following members to comprise as board of administrators during this period. The names are as under :- (i) Mr. Suresh Khedkar (ii) Mr. Mangesh Ramchandra Lokhande (iii) Mr. Hansraj Ramdas Kasare.

(3) The election process should start afresh from the stage of preparation of provisional voters list. (4) Needless to mention that the board of administrators will not be infuenced by the voters list which was earlier in dispute and a fresh provisional voters list should be prepared on the basis of applicable Rules, Regulations and Bye Laws of the Society.

(5) Shri Rahul Patil who was earlier appointed as Returning Ofcer to continue as Returning Ofcer. 3/4

4.

With these directions, the Writ Petition No.1541 of 2018 is disposed of. Writ Petition No. 646 of 2019 is disposed of in the above terms. Writ Petition No.646 of 2019 is not on board. Taken on board.

(M.S.KARNIK, J.) Digitally signed by Urmila P.

Ingle Date:

2021.02.24 10:18:56 +0530 Urmila P.

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