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1992 Supreme(SC) 626

S.MOHAN, L.M.SHARMA, M.N.VENKATACHALIAH
Bhandara District Central Co-operative Bank LTD. – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, Anil B.Divan, B.A.Masodkar, G.B.SETHI, K.L.Taneja, K.R.CHOUDHARY, R.B.Masodkar, R.K.Sharma, S.B.Bhasme, S.K.AGNIHOTRI, V.B.JOSHI, V.D.KHANNA, V.N.GANPULE, Y.K.Naik

JUDGMENT

SHARMA, J.:—The petitioners (including the appellants in civil appeals also) have challenged the constitutional validity of S.73A of the Maharashtra Co-operative Societies Act, 1960, as being violative of Arts. 14, 19(l)(c) and 19(l)(g) of the Constitution of India. As all these cases have been heard together, they are being disposed of by this common judgment. Except where otherwise indicated, we are proceeding to refer to the facts of Civil Appeal No. 2706 of 1988 which has been treated as the leading case.

2. By the impugned provisions a designated officer as defined in Section 73A(l) is not allowed to hold office in more than one society in violation of the restrictions mentioned in sub-sections (2) and (4) thereof; and by sub-sec. (5) the maximum period available to a designated officer to continue in office has been fixed in peremptory terms. Before proceeding further it will be useful to examine the provisions of sub-sections (1), (2), (4) and (5) of S. 73A which are in the following terms:

"73A. (1) In this section and in Ss. 73C, 73D and 73E, "a designated officer" means the Chairman and the President, and includes any other officer of the society as may be declared
























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