Shivbharan Sant Prasad Sharma v. The Deputy Collector, S.R.A. And 6 ORS.

WP.2236.2013.905.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2236 OF 2013 Shivbharan Sant Prasad Sharma } Petitioner versus The Deputy Collector, } Slum Rehabilitation Authority } and Ors.

} Respondents Mr. Rajesh Gehani with Mr. Mahendra Agvekar for the Petitioner.

Mr. G. D. Utangale with Mr. Chetan Mhatre i/b. M/s. Utangale and Co. for Respondent Nos. 1 and 3.

Mr. Amit Borkar for Respondent Nos. 2 and 8.

Mr. Ashish Kamat with Mr. R. C. Mishra for Respondent No. 5.

CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

DATED :- DECEMBER 22, 2015 P.C. :- After having heard both sides and finding that very limited controversy is raised with regard to continuation in office of a managing committee to manage and administer a Cooperative Housing Society, namely, Jai Ambe SRA Co-operative Housing Society, Anand Nagar, Oshiwara, Jogeshwari (West), Mumbai - 400 102, we direct that the incumbent chairman and J.V.Salunke,PA

WP.2236.2013.905.doc other committee members, whose term, on their own showing, is to come to an end by 21st July, 2016, shall take all preparatory steps in terms of sub-section (10) of section 73CB of the Maharashtra Co-operative Societies Act, 1960 and forward the requisite papers, documents and details to the State Co-operative Election Authority. It is stated that the Election Authority will hold the elections of the Board of Directors/Managing Committee Members of the subject Co-operative Society in accordance with law. In no case, the present Board shall continue after the date specified above. We clarify that we have not gone into any controversy, particularly about the status and locus of the Petitioner and the eligibility that is claimed for permanent alternate accommodation. All contentions of both sides in that behalf are kept open. The above statements are accepted as undertakings to the Court.

2) With the aforesaid directions, the Writ Petition is disposed of.

(B.P.COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA