Anil Pandit Patil vs State Of Maharashtra And Ors
2017 Latest Caselaw 2533 Bom

                                         1                   WP-3665.98.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                       BENCH AT AURANGABAD

                      WRIT PETITION NO. 3665 OF 1998


          Anil s/o Pandit Patil,
          Aged 31 years, occupation Agriculture
          resident of Pimpalgaon Khurd,
          Taluka Bhusawal, Dist. Jalgaon.                 .. Petitioner

                     versus

 1.       The State of Maharashtra

 2.       The Assistant Registrar
          Co-operative Societies,
          Bhusawal, Taluka Bhusawal,
          District Jalgaon.

 3.       Divisional Joint registrar
          Co-operative Societies,
          Nashik Division, Nashik

 4.       Pimpalgaon Khurd Vividh Karyakari
          Seva Sahakari Society Limited
          at Pimpalgaon Khurd, Taluka Bhusawal,
          District Jalgaon.                                .. Respondents

       ---
 None for the petitioner
 Mrs. S. S. Raut, Asstt. Govt. Pleader for respondents no. 1 to 3
 Mr. S.S. Wagh, Advocate for respondent no.4


                               CORAM :       SUNIL P. DESHMUKH, J.

                               DATE :        12th May, 2017


 ORAL JUDGEMENT :

1. While the matter was called out on 09-05-2017, it was

adjourned to 11-05-2017 since no appearance had been

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caused on behalf of the petitioner. Respondents had referred

to that there is efflux of about twenty years and as such,

wanted to elicit information in respect of developments about

elections in the society.

3. On 11-05-2017, there was no appearance on behalf of

the petitioner and learned Assistant Government Pleader

sought time to seek information and the matter was kept

today.

4. Even today when the matter is called out, none appears

for petitioner.

5. Learned Assistant Government Pleader states that from

1997 onwards continuously elected bodies are functioning.

6. Learned counsel for respondent no. 4 states that under

an interim order, interest of the petitioner had been protected,

however, his term has been long over. In the circumstances,

efficacy of the writ petition stands worked out and there is no

purpose in going ahead with writ petition.

7. Perusal of the order dated 06-10-1997 passed by

Assistant Registrar (Co-operative Societies), Bhusawal, District

Jalgaon, indicates that in exercise of powers pursuant to

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section 78A (1) of the Maharashtra Co-operative Societies Act,

1960, the petitioner had been removed as a member as well

as his charge of being chairman had been taken away. In said

order, it had been further directed to fill up the post getting

vacated, according to law.

8. Aforesaid order passed by Assistant Registrar (Co-

operative Societies), Bhusawal had been taken in appeal by

petitioner before the Divisional Joint Registrar, Co-operative

Societies, Nasik Division Nasik, under appeal No. 65 of 1997.

The appeal was dismissed under order dated 20-07-1978.

9. Present writ petition has been preferred, challenging

aforesaid order. This high court under an interim order

passed, had protected interest of the petitioner.

10. However, there appears to be quite a lot of substance in

the submissions on behalf of the respondents that efficacy of

writ petition stands worked out with efflux of time as the

concerned term of the petitioner in all certainty appears to

have been over and quite certainly, there must have been

further elections held for the subsequent terms. Efficacy of

interim relief also stands worked out in the process and would

not carry purpose any further.

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11. In the circumstances, it appears that the writ petition

would not carry any substance or would have any efficacy.

12. Writ petition, as such, stands disposed of as having

worked out its' purpose.

SUNIL P. DESHMUKH, JUDGE

pnd