Dismissed

Vinita Dighe and 6 Ors. v. Divisional Joint Registrar Co-Operative Societies and 5 Ors.

Bombay HC3 Apr 2023WP/2612/2019

Case brief

AI extract

What is this about?

The High Court of Bombay dismissed a writ petition as infructuous. The petitioner had challenged a remand order regarding an election. By the time of the hearing, fresh elections were held and the new committee took charge, rendering the petition no longer sustainable.

What did the court decide?

The writ petition was dismissed as infructuous.

Vinita Dighe and 6 Ors. Vs Divisional Joint Registrar… — Cooperative Societies | Bombay HC (2023)

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AMOL 949 WP 2612.2019.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 2612 OF 2019

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Vinita Dighe And 6 Ors ...Petitioners Versus Divisional Joint Registrar Co-operative Societies And 5 Ors ...Respondents

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Mr. N. N. Bhadrashete for petitioner.

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Mr. Himanshu Takke AGP for state.

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CORAM: RAJESH S. PATIL, J

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DATED: 3^rd April, 2023

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PC:-

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The learned advocate for petitioner has filed a fresh affidavit dated 21^st February 2023 alongwith certain exhibits. The said affidavit brings

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on record certain new facts pertaining to the housing society.

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The petitioner had challenged the election held on 15^th June

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The show cause notice was issued under Section 77 A of the Maharashtra Co-operative Societies Act,1960, dated 15^th May 2018. However, the show cause notice was withdrawn. Thereafter, an appeal was filed. In the

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said appeal matter was remanded back to respondent no.2 for fresh

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AMOL 949 WP 2612.2019.odt

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consideration. The said order of remand is being challenged in the present writ petition.

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The learned advocate for petitioner informed that in the meantime fresh election of the managing committee of the society was held and the result were declared on 3^rd April 2022. He further informed the new committee has taken charge. A list of the elected members is also annexed as Exhibit-A to the writ petition. The learned advocate for respondent does not dispute about the fact that election being held and result being declared.

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Hence, nothing survives in the writ petition, and the same is dismissed as infructous.

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The learned advocate for petitioner states that it be clarified that

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the deputy registrar should not further proceed with the hearing.

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Accordingly to me, there is no need for any clarification that

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nothing survives in the proceeding pending before respondent no.2. Accordingly Petition is disposed of.

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(RAJESH S. PATIL,J.)

Vinita Dighe and 6 Ors. v. Divisional Joint Registrar Co-Operative Societies and 5 Ors.

Case brief

What is this about?

What did the court decide?

Vinita Dighe and 6 Ors. v. Divisional Joint Registrar Co-Operative Societies and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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