There is unprecedented chaos in the cooperative sector all over the state of Maharashtra as there is no authority to monitor elections of cooperative societies which number over 2.25 lakh. Office bearers of the Housing Society committees are under tension as they can no resign unless an incumbent takes charge from them.
As reported by one of prominent daily in Mumbai the State Law and Judiciary Department has issued an important warning to the other departments that by simply filing an appeal or special leave petition (SLP) in the Supreme Court cannot be equated with a stay on the adverse order passed by the Bombay high court unless a stay has been granted with leave to appeal against the order.
In a circular issued recently, the department said, “Such perception is not legal, proper and correct.” Adding it says “If an appeal/SLP is filed by the state against the order of the high court but no stay is granted against the implementation and enforcement of the order of the HC, such orders would have to be implemented, failing which the officer/department concerned may face action for contempt of court.”
A government pleader of the HC, reportedly admitted, on condition of anonymity, that “The circular, if implemented properly, would be of help as several interim orders or directions given by the high court need to be appealed against in the apex court but departments tend to be slow in doing so because of which several times cost is imposed on the state which can be avoided.”
The circular warns that, “All the administrative departments in Mantralaya are requested to ensure that in appropriate cases, steps are taken as quickly as possible for filing appeal/SLP and further efforts are made to obtain stay to the implementation/enforcement of the orders of the high court.”
It is a shame for Bombay bureaucratic fraternity that such a circular was needed 67 years after Independence.
The readers would well remember that [Jagran Post Editorial Publish (04 Dec 2013)]
Hearing a clutch of petitions, the Bombay High Court, by a bench headed by Justice SC Dharmadhikari, directed Maharashtra Government to form within two weeks a State Cooperative Election Commission Authority to conduct elections of all cooperative societies.
As reported above the chaos in the cooperative societies which number over 2.25 lakh continues as Office bearers of the Housing Society committees are under tension. They can no resign unless an incumbent takes charge from them.
Such an authority would hold elections of all types of cooperative elections including filling up casual vacancies and elect office bearers of all societies including housing sector.
Its time to take steps against Mr Rajgopal Deora, secretary, State Cooperative Department, who told in the affidavit filed in the High Court that a proposal to appoint a Commissioner for such body was pending the action of just forwarding by the Cooperative Minister to the Chief Minister and then to the Governor as he is the authority for this appointment.. Its more than 4 months but as of today the hopes are quite high that this latest initiative of the State law department should dramatically shorten the pace of the journey of the proposal from Minister to CM and then to ultimate destination His Excellency the Governor’s office.
-I C Naik
