JUDGMENT/ORDER 1. Not on board. Taken on board. 2. Heard Mr. Khapre, learned Senior Counsel for the petitioner. 3. At the outset, Mr. Khapre, learned Senior Counsel for the petitioner seeks leave of the Court to delete the name of the respondent No.1, who is the Returning Officer, as there are no personal allegations against the respondent No. 1 in the petition. 4. Leave is granted. The deletion be made forthwith. 5. The Petition challenges the order below Exh.5, passed by the Cooperative Court, Amravati, rejecting the application filed by the petitioner for passing necessary interim order. Though the remedy of appeal is available, considering the time frame and the fact that the Presiding Officer of the Co-operative Appellate Court at Nagpur has demitted office on 31/3/2023 and the charge has been given to the Cooperative Appellate Court at Pune and according to the procedure, the appeal has to be filed at Nagpur and taken to Pune before the Co-operative Appellate Court and in view of the fact that impugned order has been passed on 1/4/2023 by the Judge Co-operative Court, and the election is stated to be held today at 5 p.m., it is contended that the Petition invoking the extra-ordinary jurisdiction of this court can be entertained. 6. On the merits of the matter, it is contented, that the respondent No.3, who was originally elected as a member of the managing committee of the respondent No.2 in the election held for the duration 2015 to 2020 was disqualified under the provisions of Sec. 78-A of the Maharashtra Co-operative Societies Act, 1960, by the respondent No.1, by an order dtd. 23/7/2021 (page 36). It is also submitted at the bar that as of date this order has not been challenged by the respondent No. 3 either by way of an appeal or revision or in any mode whatsoever and this has attained finality. It is therefore, contended, that in view of the first proviso of Sec. 78- A(b) read with Sec. 73 CA(1)(iv) of the Maharashtra Co-operative Societies Act, 1960, in light of the above order dtd. 23/7/2021 the respondent No.3 has become ineligible to be elected as a member for the next term which is 2023 to 2028 and therefore his election as a member for the managing committee from Vividh Karykari Sewa Society constituency as per the result dtd. 23/7/2021 the respondent No.3 has become ineligible to be elected as a member for the next term which is 2023 to 2028 and therefore his election as a member for the managing committee from Vividh Karykari Sewa Society constituency as per the result dtd. 19/3/2023, is clearly illegal and therefore, he is not entitled to vote in the meeting to be held for the election of the President and Vice-President of respondent No.2 society. 7. It is also contended that in spite of noticing the order dtd. 23/7/2021 passed under Sec. 78-A (a) (iv) of the Maharashtra Co-operative Act, 1960, the learned Cooperative Court has rejected the application as according to the learned Court the same would amount to questioning and challenging the election and deciding the main relief in dispute. 8. In view of the order dtd. 23/7/2021, passed by the Assistant Registrar Cooperative Society (page 36), it is apparent that in light of first proviso to sec. 78-A(b) of the Maharashtra Co-operative Societies Act, 1960, the respondent No. 3 has incurred a disqualification which is prima facie apparent. That being the position, the subsequent election which is claimed to have taken place on account of suppression of the order dtd. 23/7/2021 and the consequent actions, prima facie are in contravention to the mandate of the first proviso to Sec. 78-A(b) of the Maharashtra Co-operative Societies Act. At this stage Advocate Mr. Ghare appears for the respondent no.3 and submits that he has filed the caveat at 10.30 a.m. today and therefore, ought to have been noticed. He is therefore, directed to intimate Mr. Khapre, learned senior counsel for the petitioner that the matter would be taken up at 2.30 p.m. jude At 2.30 p.m. 1. Mr. Khapre, learned counsel for the petitioner submits that since the petition was directly presented to the Court, there was no notice of any caveat. 2. In these circumstances, it would be appropriate to hear Mr. Ghare, learned counsel for the respondent no.3, which arguments have been started. 3. Mr. Ghare, learned counsel for the respondent no.3, submits that the order dtd. 2. In these circumstances, it would be appropriate to hear Mr. Ghare, learned counsel for the respondent no.3, which arguments have been started. 3. Mr. Ghare, learned counsel for the respondent no.3, submits that the order dtd. 23/7/2021, passed by Assistant Registrar Cooperative Societies, Pandharkawada is wholly without any jurisdiction for the reason that (1) a disqualification under Sec. 78 A (b) first proviso of the Maharashtra Cooperative Societies Act since it involves penal consequences of debarring the respondent no.3 for a further one term, there is a requirement of following of the principles of the natural justice, as held by the Division Bench in Shri Santosh Harishchandra Kuchankar and others Vs. The State of Maharashtra, through its Secretary, Department of Co-operation, Marketing and Textiles, Mantralaya, Mumbai and others (Writ Petition No.2853/2018 decided on 16/1/2019 (para 5). That apart he points out that the words "or bye-laws of the society" were inserted in Sec. 73CA (1)(iv) by the Maharashtra Act, 2008/22 w.e.f. 28/3/2022, whereas the order passed by the Assistant Registrar is dtd. 23/7/2021 (pg.36), considering which, it can be said that it is wholly without jurisdiction and therefore, would be something which cannot be acted upon to the detriment of the respondent no.3. 4. Since there are rival contentions raised, and the balloting is to take place at 5.00 p.m. today, and the petition in absence of the respondent no.3 cannot be finally decided, it would be appropriate, if the respondent no.3 is permitted go and cast his ballot which shall be kept in a separate sealed envelope and the entire result of the election shall be subject to the final decision of the appeal, which can be directed to be decided within a specified period of time. 5. In that view of the matter, issue notice to the respondent no.2 for final disposal, returnable on 10/4/2023. 6. The petitioner to serve the respondent o.2 by all modes of service permissible in law including Hamdast. 7. By way of an ad interim order, the following directions are issued. 1) The respondent no.3 is permitted to cast his vote in the meeting to be held at 5:00 p.m. today. However, his ballot shall be kept in a separate sealed envelop and shall be opened only upon the direction of the Cooperative Appellate Court. 7. By way of an ad interim order, the following directions are issued. 1) The respondent no.3 is permitted to cast his vote in the meeting to be held at 5:00 p.m. today. However, his ballot shall be kept in a separate sealed envelop and shall be opened only upon the direction of the Cooperative Appellate Court. The Election Officer shall count the other ballots, and in case of a tie intimate the same to the Coop. Appellate Court. 2) The entire result of the election shall be subject to the result of the appeal, which may be presented to the Cooperative Appellate Court. 3) The petitioner shall present an appeal to the Cooperative Appellate Court day after tomorrow, which shall then be presented to the learned Incharge Appellate Court. The parties shall appear before the learned Incharge Appellate Court on 6/4/2023 at 11 a.m. The learned Cooperative Court shall decide an appeal thereafter within a period of 30 days from 6/4/2023. 4) No separate notices for appearance to the petitioner and the respondent no.3 shall be necessary to be given by the Cooperative Appellate Court. 5) The petitioner shall serve the respondent no.3 in the appeal before the Cooperative Appellate Court within one week from the date of issuance of notice by all modes permissible in law.8. List the present matter on 10/4/2023. 9. Ms. Khan, learned AGP waives service of notice for the respondent No.1/State.