PARASU THALU KAMBALE Vs. BABASAHEB AMBEDKAR SAHAKARI PANI

JUDGEMENT

(1.) THERE is no merit whatsoever in this petition filed under Article 226 of the Constitution. The Registrar of Co-operative societies nominated the board of respondent No. 1 society which is a lift irrigation society, by order dated February 24, 1982. The nomination of the first Managing Committee was for the duration of one year and within that period it was incumbent upon the Managing Committee to hold elections. Eleven members were nominated on the Managing Committee and out of them 6 resigned within a period of one year leading to inability of the committee to form a quorum. The Registrar thereupon by order dated May 30, 1983 dissolved the nominated Managing Committee and appointed an administrator for a duration of 6 months in exercise of powers conferred under Section 77 (a) of the Maharashtra Co-operative Societies Act, 1960. The petitioners challenged the order by filing revision application before the joint Registrar but the revision ended in dismissal and that has given rise to the filing of the present petition. In view of the interim relief secured by the petitioners, the petitioners had remained in power for the last more than 8 years.

(2.) SHRI Kulkarni, learned counsel appearing on behalf of the petitioners, was desirous of contending that the order of appointment of Administrator was issued without service of notice. We declined to entertain the submission after passage of more than 8 years. The nominated Managing Committee was appointed for a duration of one year and in accordance with the provisions of the Act cannot remain in office beyond a period of 3 years. The petitioners managed to remain in office for over 8 years by indulging in litigation. It is time that the petitioners should vacate the office and the administrator should take charge and hold elections and enforced democratic principle of Managing Committee being manned by elected members.

(3.) ACCORDINGLY, petition fails and rule is discharged with costs. Petition dismissed.