Case Note & Summary
The petitioners, Dnyandeo Mohan Salunke and Popatrao Baburao Jadhav, are members of the MulaPravara Electric Cooperative Society Ltd., a specified cooperative society under Section 73G of the Maharashtra Cooperative Societies Act, 1960. The last elections to the managing committee were held and the committee assumed charge on 27.11.2006, with a five-year term expiring on 26.11.2011. The petitioners alleged that the managing committee failed to take steps for holding elections before the expiry of its term, and thereafter the respondents did not appoint an administrator to manage the society. They approached the High Court seeking a writ of mandamus directing the respondents to appoint an administrator of the rank of District Deputy Registrar or Collector or equivalent officer to take over the management. The court considered the provisions of the Act and the fact that the term had expired. The court held that the respondents are bound to appoint an administrator to manage the society until a new managing committee is elected. The court directed the respondents to appoint an administrator within a period of four weeks from the date of the order.
Headnote
A) Cooperative Law - Appointment of Administrator - Specified Cooperative Society - Section 73G of the Maharashtra Cooperative Societies Act, 1960 - Petitioners, members of a specified cooperative society, sought mandamus for appointment of an administrator after the elected managing committee's term expired on 26.11.2011 and no elections were held. The court held that the respondents are bound to appoint an administrator of the rank of District Deputy Registrar or equivalent to manage the society until a new committee is elected. (Paras 1-3)
Issue of Consideration
Whether the petitioners, as members of a specified cooperative society, are entitled to a writ of mandamus directing the respondents to appoint an administrator to manage the society after the expiry of the elected managing committee's term and failure to hold elections.
Final Decision
The court directed the respondents to appoint an administrator of the rank of District Deputy Registrar or equivalent to manage the society within four weeks from the date of the order.
Law Points
- Mandamus
- Appointment of Administrator
- Specified Cooperative Society
- Expiry of term
- Failure to hold elections
- Section 73G
- Maharashtra Cooperative Societies Act
- 1960
Case Details
2013 LawText (BOM) (05) 6
WRIT PETITION NO.2629 OF 2013
R.M. BORDE, SUNIL P. DESHMUKH
Mr.V.D.Salunke i/by Mr.R.R.Karpe for petitioners, Mr.K.G.Patil, A.G.P. for Respondents No.1 to 4, Mr.V.D.Hon for Respondents No.5 & 6
Dnyandeo Mohan Salunke and Popatrao Baburao Jadhav
The State of Maharashtra, The Commissioner for Cooperation, The District Deputy Registrar, The Collector, The MulaPravara Electric Cooperative Society Ltd., The Managing Committee
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Nature of Litigation
Writ petition seeking mandamus for appointment of administrator for a specified cooperative society.
Remedy Sought
Petitioners sought a writ of mandamus directing respondents to appoint an administrator of the rank of District Deputy Registrar/Collector or equivalent to manage the society.
Filing Reason
The elected managing committee's term expired on 26.11.2011 and no elections were held; the committee failed to take steps for elections.
Issues
Whether the petitioners are entitled to a writ of mandamus for appointment of an administrator after expiry of the managing committee's term.
Submissions/Arguments
Petitioners argued that the managing committee did not take steps for holding elections before expiry of its term and no administrator was appointed thereafter.
Ratio Decidendi
In a specified cooperative society under Section 73G of the Maharashtra Cooperative Societies Act, 1960, upon expiry of the term of the elected managing committee and failure to hold elections, the respondents are bound to appoint an administrator to manage the society until a new committee is elected.
Judgment Excerpts
Petitioners, who are members of Respondent No.5 – MulaPravara Electric Cooperative Society Ltd. ... have approached this Court with a request to issue writ of mandamus ... directing the Respondents to make appointment of Administrator ...
The last elections to the Managing Committee of Respondent No.5 Society were held and elected Managing Committee assumed charge of the administration of the Society on 27.11.2006. The term of the elected Managing Committee is of five years which expired on 26.11.2011.
Procedural History
The petitioners filed Writ Petition No.2629 of 2013 before the Bombay High Court, Aurangabad Bench, seeking mandamus for appointment of an administrator. The court heard the matter and passed the order on 10.05.2013.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: 73G
