BUBNAL SAHAKARI PANI PURAWATHA MANDALI LIMITED, MAHAVIR KALLAPPA MARJE, BUBNAL SAHAKARI PANI PURAWATHA MANDALI LIMITED, JAKAPPA RAMA AINAPUR Vs. BUBNAL SAHAKARI PANI PURWATBA MANDALI LIMITED, JAKKAPPA RAMU AINAPURE, BUBNAL SAHAKARI PANI PURAWATHA MANDALI LIMITED

JUDGEMENT

(1.) The Petitioners in Writ Petition Nos. 6057/88 and 6058/88 challenge the order passed in Appeal No. 154/88 by the learned president, Maharashtra State Co-operative Appellate Court, Bombay, whereby the judgment and order of the Co-operative Court No. II, Kolhapur in case No. 381/87 was set aside and it was ordered that the resolution passed on 29-6-1987 by the Managing Committee of the respondent-society admitting 24 members, was stayed and consequently the said 24 members who are the petitioners in Writ Petition No. 6057/88 were prevented from exercising their rights as members in the management of the society including the election until further orders. The said order further directed that the said aspect should be considered in the election petition if any filed.

(2.) Writ Petition No. 5515/89 is filed to challenge the order passed by the Member, Co-operative Appellate Court, Bombay (Bench at Pune) in appeal 92/89 on 23-8-1989, whereby the order passed by the Co-operative court in Dispute bearing No. S. C. C, K. No. 381/87 was set aside and the election of the petitioners was held legal.

(3.) Before I proceed to consider Writ Petition Nos. 6057/88 and 6058/ 88, for the sake of convenience it would be proper to dispose of Writ petition No. 5515/88 as it is stated by both the sides that the term of the said election of 3 years is over and it is already decided to hold fiesh election of the Managing Committee and in view of this, even the programme of election has already been punished and the process of election is already commenced. This renders the said writ petition infructuous and, therefore, it is not necessary to decide the same on merits and the same is disposed of without any orders being passed on the same.