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2022 DIGILAW 1092 (BOM)

Jude Rozario Magima S/o. Late Joseph Vincent Magima v. Assistant Registrar Of Cooperative Societies And Assistant Election Officer, Central Zone

2022-04-13

A.K.MENON

body2022
JUDGMENT : 1. Considering the narrow compass involved in this petition, learned counsel for both sides agree that matter may be disposed of finally. Learned Addl. Govt. Advocate waives notice on behalf of the respondent. 2. Accordingly, I issue Rule. Rule made returnable forthwith. By consent taken up for final hearing. 3. The challenge in this writ petition is to the judgment dated 27.8.2021, whereby the Assistant Registrar of Co-operative Society directed the name of Mr Jude Magima shall appear in the final list as first member and Mrs. Clara Magima as a second member and that they shall be entitled for only one vote. The case was disposed of apparently without hearing the petitioner. 4. It is the case of the respondent who appears thorough Mr. M.Salkar submitted that indeed notice was served to the petitioners and he fairly states that the petitioners were not heard when the order was passed 5. It is not in dispute that notice of hearing was not personally served upon the petitioners but it appears to have been pasted on the notice board of the society. 6. In that view of the matter, I am of the view that the impugned order is required to be set aside and matter be heard a fresh after giving hearing to the petitioners. The petitioners shall not be given any further notice. 7. In view thereof, I pass the following order:- (i) By consent, the impugned order dated 27.8.2021 at annexures “A” to this petition is set aside. (ii) Parties shall appear before the respondent on 25.4.2022 at 3.30p.m on which date the respondent shall fix a date for hearing by consent of the parties. (iii) Petitioners shall be permitted to file additional documents, if any, with copies to the learned counsel for the respondent. 8. In view thereof, the respondent shall fix a suitable date for hearing to dispose of the matter after granting petitioner personal hearing. It is made clear that on the dates fixed for hearing by the respondent, no adjournment shall be sought by the petitioners. 9. Rule is made absolute in aforesaid terms. Later 10. This matter was mentioned post recess by Mr. It is made clear that on the dates fixed for hearing by the respondent, no adjournment shall be sought by the petitioners. 9. Rule is made absolute in aforesaid terms. Later 10. This matter was mentioned post recess by Mr. Rohit Bras De'sa who states that election result in relation to the Models Marine Vistas Co-operative Housing Maintenance Society was already concluded and results were declared as on 10.10.2021 and that the order forming subject matter of this petition effectively would affect the election result which has been already declared. This fact has been suppressed when this order was obtained without notice to the society. 11. In view thereof, I directed the matter to be called at 4.30p.m. after giving notice to the Advocate for the petitioners and the respondent. Petitioners' Advocate Mr. J. Supekar has responded via email to the Chamber of Advocate Mr. R. De'sa that he is unavailable at 4.30p.m since he is in another Court. 12. On behalf of Mr. Salkar, Mr. S. P. Munj, appears and states that Mr. Salkar is unavailable at 4.30p.m. He states that the applicant not having filed any formal application, order may not be interfered with. 13. Having brought to the attention of the Court, the election results were declared far back in October, 2021 and the impugned judgment is dated 27.8.2021 a crucial fact was kept from the Court. I am therefore of the view that order passed today shall remain in abeyance with liberty to the applicant to a file review petition. 14. Accordingly, the operative order passed today disposing the petition shall remain in abeyance. All parties to act on the duly authenticated copy of this order.