This writ petition is preferred by the 12 members of the Management Committee of Shri. Shivaji Sindhi Co-operative Housing Society Ltd., Jalna Road, Aurangabad which is registered under the Maharashtra Co-operative Housing Societies Act, 1960 (hereinafter referred to as 'the said Act'). It challenges the order dated 6.4.2009 passed by the respondent No.3 - The Taluka Deputy Registrar, Co-operative Societies, superseding the Management Committee of the said Society, in exercise of his powers under Section 78(1) of the said Act. It further challenges the order dated 30.4.2009, passed by the respondent NO.2-The Divisional Joint Registrar, Co-operative Societies, Aurangabad, dismissing the appeal preferred by the petitioners under Section 152 of the said Act, challenging the order dated 6.4.2009 passed under Section 78( 1) of the said Act by the respondent No.3.

2. The facts giving rise to the controversy involved in the case are as stated below:-

The stand of the respondent No.3 - The Taluka Deputy Registrar, Co-operative Societies, Aurangabad is that as per the complaint made by one Shri. Kishanchand Tanwani, M.L.e. to the Hon'ble Minister Shri. Patangrao Kadam, Department of Co-operation, Maharashtra State and also by one Shri. Rajesh Laxmandas Paswani and 21 others, a notice under Section 80(1) of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as "the said Act") was issued by the Tahsildar, Aurangabad for production of the records of the Society in respect of day-to-day affairs. The Special Auditor, Class II, Cooperative Societies (Flying Squad) Aurangabad, was appointed as an Inquiry Officer and he submitted two reports dated 22.4.2008 and 9.2.2009, stating that the Members of the Society are not co-operating and purposefully avoiding to submit the record for inquiry. Hence, it was stated that it was impossible to submit the report to the Government.

3. The Society failed to produce the record and therefore, notice under Section 78( 1) of the said Act was issued on 12.2.2009, to all the Members of the Managing Committee of the Society, for furnishing an explanation in respect of the charges levelled against them. The charges levelled, included the charge of mis-appropriation of huge amount and non-submission of bond, as contemplated by Rule 58(A) of the Rules, framed under the said Act. The petitioners, who are the Members of the Managing Committee of the said Society, submitted their explanation dated 25.5.2009, to the said show cause notice. All the charges levelled were denied. In respect of non submission of bond, the stand was that it was furnished within stipulated period. A photocopy of such bond, dated 5.6.2008, in form No.20 signed by all the petitioners, was also furnished. It was stated that the members of the Society, took the charge of the Society on 1.6.2008.

4. The hearing was conducted by the Respondent No.3 on 27.2.2009, 9.3.2009, 16.3.2009, 17.3.2009, 24.3.2009, 30.3.2009 and 20.4.2009. The respondent No.3 - the Taluka Deputy Registrar, by his order dated 6.4.2009, passed under Section 78(1) of the said Act held that all the charges were proved. In respect of the charge of non submission of bond, it was held that after the elections of the Members of the Managing Committee, a bond was required to be submitted within a period of 15 days, as per Rule 58(A) of the said Rules. However, the bond was not submitted and hence, there was non compliance of the provision of Rule 58(A) of the said Rules. It was held that the explanation furnished by the petitioners cannot be accepted. Accordingly, the respondent No.3 passed an order under Section 78(1) of the said Act on 6.4.2009, superseding the Managing Committee of the Society and appointing the respondent No.4 Shri. S. B. Sontakke, as an administrator over the Society, for a period of six months or till further orders.

5. All the 12 petitioners preferred an Appeal No. 13/2009 under Section 152 of the said Act, before the respondent No.2