1. Rule. Learned Counsel waive service on behalf of respective Respondents. By consent of the learned Counsel, rule is made returnable forthwith and the Petition is heard finally.

2. The Petition impugns an order-cum-show cause notice dated 9.11.2011 of the Respondent No.2-Deputy Registrar, Co-operative Societies, K-West Ward, Mumbai and the order dated 17.1.2012 of the Respondent No.1-Divisional Joint Registrar, Co-operative Societies, Mumbai Division, passed in Revision, wherein the aforesaid order-cum-show notice dated 9.11.2011 of the Respondent No.2-Deputy Registrar was subjected to challenge.

3. The relevant portion of the impugned order-cum-show cause notice dated 9.11.2011 of the Deputy Registrar reads as under:

“Whereas, out of 9 Managing Committee members who got elected in the year 2006, 7 Managing Committee members who are functioning as of today, committed default in not executing Bonds as per rule 58-A of Maharashtra Co-operative Societies Act, 1960. And therefore, as per Section 73 (1AB) of the Maharashtra Co-operative Societies Act, 1960, they, ceased to be members of the Managing Committee. Moreover, because of cessation of membership of 7 Managing Committee members out of total 9 Managing Committee members of the Society, the Managing Committee has come in minority. Therefore, you are called upon to submit an explanation in writing on 25/11/2011 as to why you should not be removed from the membership of the Managing Committee as per Section 78 of the Maharashtra Co-operative Societies Act, 1960.....”

4. The above order-cum-Show Cause Notice was initially challenged in this Court by filing Writ Petition No.10091 of 2011. On 28.11.2011, the Division Bench of this Court (Coram: B.H. Marlapalle & Smt. Nishta Mhate, J.J.) passed the following order:

“..........

2. We have perused the impugned order-cum-Show Cause Notice dated 9.11.2011. In the first part of the impugned order, the Deputy Registrar of the Co-operative Housing Societies has recorded a finding that seven out of nine members of the Managing Committee have sustained disqualification under Section 73(1AB) of the Maharashtra Co-operative Societies Act, 1960 and therefore, the second part of the Show Cause Notice is based on the said finding.

3. The findings recorded for disqualification under Section 73(1AB) of the Maharashtra Co-operative Societies Act, 1960, could be challenged by filing Revision Application under Section 154 of the said Act.

4. Hence, the impugned Show Cause Notice is stayed for a period of two weeks from today and in the meanwhile the Petitioner-Society may approach the Revisional Authority under Section 154 of the Maharashtra Co-operative Societies Act and seek further appropriate orders.

5. The Petition is disposed of accordingly.” (emphasis supplied)

5. Thus, the Division Bench while relegating the Petitioner-Society to the Revisional Authority, made it clear that the order-cum-Show Cause Notice dated 9.11.2011 was in two parts. The first part was a finding of fact that 7 out of 9 members of the present Managing Committee had not executed Bonds pursuant to the elections held in the year 2006 and had sustained disqualification, and second part was that since the aforesaid Bonds were not submitted at that time by the said 7 members of the present Managing Committee, the Petitioner-Society was called upon to Show Cause why action should not be initiated under Section 78 of the Maharashtra Co-operative Societies Act, 1960 ('MCS Act' for the sake of brevity) for their removal as members of the present Managing Committee.

6. Pursuant thereto, the Petitioner-Society filed Revision Application No.446 of 2011 before the Respondent No.1-Divisional Joint Registrar. By the impugned order dated 17.1.2012, the Respondent No.1-Divisional Joint Registrar held that since the Petitioner-Society had not submitted copies of the Bonds executed in 2006 before any Authority, therefore, it is presumed that they had not executed Bonds in 2006. He