VIJAY LAKHI Vs. MINISTER OF CO-OPERATION

JUDGEMENT

(1.) By this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the judgment and order dtd. 1/7/2025 passed by respondent No.1. By the said order, respondent No.1 confirmed the judgment and order dtd. 18/3/2025 of respondent No.2, which in turn had confirmed the judgment and order dtd. 26/11/2024 of respondent No.3. Respondent No.3, while exercising powers under Sec. 77A of the Maharashtra Co-operative Societies Act, 1960, dissolved the existing managing committee of respondent No.4 society and appointed an Administrator to conduct fresh elections. The order was passed on the ground that four members of the managing committee, which consisted of eight members, had resigned, thereby reducing the committee below the required quorum.

(2.) The relevant facts are that elections of the managing committee of respondent No.4 society were held on 9/1/2022 for the term 2021 -2022 to 2025 -2026. Petitioner Nos.1 to 4, respondent Nos.5, 7, and 9, and one Mrs. Tamanna Ailani were elected as members of the managing committee. On 11/4/2023, respondent No.5 resigned. On 20/6/2023, respondent Nos.7 and 9 tendered their resignations. On 29/6/2023, Mrs. Tamanna Ailani also resigned.

(3.) On 7/1/2024, the petitioners co-opted two members to fill the vacancies. Thereafter, on 7/3/2024, respondent Nos.5 to 10 moved an application under Sec. 77A of the Act. On 26/11/2024, respondent No.3 passed an order dissolving the managing committee of the petitioners and appointed an independent Administrator. The appeal filed by the petitioners was dismissed by respondent No.2 on 18/3/2025. The revision filed by the petitioners was also dismissed by respondent No.1 on 1/7/2025. Hence, the present writ petition has been filed.