SUDHAKAR VISHNUE PATIL Vs. STATE OF PATIL

JUDGEMENT

(1.) THE position in this matter is very similar to the position in writ petition No. 3415 of 1988 save and except that the elections have been impugned by a dispute raised in the Co-operative Court where the dispute is pending but stay has not been granted by the Co-operative Court. An appeal from the order refusing stay was ultimately dismissed by the co-operative Appellate Court. Since there is no stay, the new committee including the new Chairman and the Vice - Chairman are functioning. The result must be that the rule will have to be made absolute in terms of prayer (a) (ii ). If, however, the disputant succeeds in the dispute and the elections are set aside and the old committee restored back to office, registrar may revive the notice or adopt proceedings for setting aside that committee (old) if he is so inclined at that time. Registrar is aware of the pendency of the dispute and will keep himself in touch with the result of the same. Parties to bear their own costs of the writ petition. Order accordingly.