1. By this petition, the petitioners challenge the order dated 9th February 2005 passed by Government on revision application filed by the respondent no.4 holding that the petitioner nos.2 to 7 had ceased to be the members of the managing committee (for short ’the committee’)of the petitioner no.1 society by virtue of sub-section (1AB) of section 73 of the Maharshtra Co-operative Societies Act,1961 (for short ’the Act’)

2. The petitioner no.1 is a Co-operative Housing Society, registered under the Act. Elections to the committee of the petitioner no.1 society were held in October/November 2002, in which the petitioners 2 to 7 were elected as members of the committee. The managing committee took charge on 3rd November 2002. Under sub-section (1AB) of section 73 of the Act, as introduced by Maharashtra Act no.41 of 2000, each member of the committee of the society is required to execute a bond in the prescribed form within a period of 15 days of his assuming office failing which he is deemed to have vacated the office as a member of the committee. Petitioner nos.2 to 7 were required to execute the relevant bond in the prescribed form within a period of 15 days from assuming their office. i.e. on or before 15th November, 2002. Petitioners 2 to 7 did not execute the necessary bond within the statutory period of 15 days which led to a complaint filed by the respondent no.5 to the Dy. Registrar Co-op Society. Thereupon, the Dy. Registrar issued a show cause notice dated 24th June 2003 to the petitioners directing them to show cause why they should not be deemed to have vacated the office under sub-section (1AB) of section 73 of the Act and why an action under section 78(2) of the Act be not taken against them for their removal. The show cause notice was received by the petitioners on 17th July 2003. After receipt of the show cause notice, the petitioners sought adjournment of the hearing and before the adjourned date, they executed the bonds in the prescribed form on 19th August 2003. The bonds were then filed with the Dy. Registrar by petitioners under cover of their letter dated 24th August 2003. After hearing the parties, the Dy.Registrar held that the petitioners had not submitted the bonds within the statutory period of 15 days as required by sub-section (1AB) of section 73 of the Act. He therefore held that the petitioners 2 to 7 were deemed to have vacated the office as the members of the committee. He further held that as petitioners 2 to 7 were the only members of the managing committee and as there was no other member of the committee left, it was necessary to appoint an administrator. Accordingly, he passed an order u/s.78 of the Act superseding the committee and appointing Mr.B.K. Mokle, Assistant Co-operative Officer as an administrator for a period of six months. The administrator was directed to hold fresh elections within six months and transfer the management of the petitioner no.1 society to the newly elected committee.

3. Aggrieved by the order of the Dy.Registrar the petitioners filed an appeal (bearing no.194 of 2003) before the Divisional Joint Registrar who, by his order dated 27th February 2004, allowed the appeal and set aside the order of the District Dy. Registrar. Aggrieved respondent no.5 carried the matter in revision u/s.154 of the Act before the Government. By the order dated 9th February 2005, the Government allowed the revision application and set aside the order dated 17th February 2004 passed by Divisional Joint Registrar and restored the order dated 25th August 2003 passed by Dist. Dy. Registrar. That order is impugned in this petition.

4. Counsel for the petitioners submitted that sub section (1AB) of section 73 of the Act must be held to be directory. Though it requires every elected member of the managing committee of the society to execute a bond in the prescribed form within a period of 15 days of his assuming office, the court must look to the object thereof. The bond is required