RAGHUNATH SHANKAR PATIL Vs. DISTRICT DEPUTY

JUDGEMENT

(1.) THESE two petitions can be disposed of together. Hence, by consent of all the learned counsel appearing on behalf of both sides, the petitions taken up for final hearing.

(2.) THE short controversy is about postponing the election process, which had already been initiated for electing the Board of Directors of a specified Society, namely, the Respondent-Raigad District Central Co-operative Bank Limited (for short 'said Bank'). Admittedly, while the voters list was being finalised in accordance with the Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971, the Collector adjourned the matter on 28th October, 1996 of 4th of November, 1996. In between on 31st October, 1996 the order purporting to be under Section 730(2), read with Section 77A of the Maharashtra Co-operative Societies Act, 1960 was issued by the District Deputy Registrar. By virtue of the said order dated 31st October, 1996 the District Deputy Registrar of Co-operative Societies, Raigad appointed himself as the Administrator of the said Bank and assumed charge. It is true that an Appeal and Revision against the said order has been dismissed. There are allegations of malafides made by the petitioners in Writ Petition no. 5519 of 1996 who are the members of the Board of Directors of the said Bank. The petitioners in Writ Petition No.5519 of 1996 include Chairman and Vice Chairman as well.

(3.) THE allegations of malafides in Writ Petition No.5519/96 are in our opinion fortified by what has transpired subsequently, which has given rise to the filing of subsequent Writ Petition No.5899 of 1996. Elections to the Municipal Councils are being held in the State of Maharashtra. Elections are also in progress in various specified Societies in the entire State, including Raigad District. However, the State Government has thought it fit to choose only one specified Society, namely, the Raigad District Central Co-operative Bank Ltd., for exercise of powers under Section 73IB of the Act and the elections to the Board of Directors of the said Bank have, under the impugned order dated 21st November, 1996, been postponed for a period of 6 months from the date of the Order.