Vinita Dighe And 6 ORS v. Divisional Joint Registrar Co-Operative Societies And 5 ORS

AMOL 949 WP 2612.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2612 OF 2019 Vinita Dighe And 6 Ors ...Petitioners

Versus

Divisional Joint Registrar Co-operative Societies And 5 Ors ...Respondents Mr. N. N. Bhadrashete for petitioner.

Mr. Himanshu Takke AGP for state.

CORAM:

RAJESH S. PATIL, J DATED:

3rd April, 2023 PC:- 1.

The learned advocate for petitioner has filed a fresh affidavit dated 21st February 2023 alongwith certain exhibits. The said affidavit brings on record certain new facts pertaining to the housing society. 2.

The petitioner had challenged the election held on 15th June 2015. The show cause notice was issued under Section 77 A of the Maharashtra Co-operative Societies Act,1960, dated 15th May 2018. However, the show cause notice was withdrawn. Thereafter, an appeal was filed. In the said appeal matter was remanded back to respondent no.2 for fresh

AMOL 949 WP 2612.2019.odt consideration. The said order of remand is being challenged in the present writ petition.

3.

The learned advocate for petitioner informed that in the meantime fresh election of the managing committee of the society was held and the result were declared on 3rd April 2022. He further informed the new committee has taken charge. A list of the elected members is also annexed as Exhibit-A to the writ petition. The learned advocate for respondent does not dispute about the fact that election being held and result being declared. 4.

Hence, nothing survives in the writ petition, and the same is dismissed as infructous.

5.

The learned advocate for petitioner states that it be clarified that the deputy registrar should not further proceed with the hearing. 5.

Accordingly to me, there is no need for any clarification that nothing survives in the proceeding pending before respondent no.2. Accordingly Petition is disposed of.

(RAJESH S. PATIL,J.)