Judgment

RAY, JJ.

( 1 ) THIS is an appeal under Art. 133 of the Constitution of India against the Judgment and Order dated 23/10/1989 passed by the High Court of Bombay in Writ Petn No. 3976 of 1989 whereby the High Court directed the Registrar of Co-operative Societies to give fresh notice to the elected members as well as to the 3 persons namely 2 nominees of the Financial Institutions and the expert co-opted member.

( 2 ) THE matrix of the case is that the appellants who are the duly elected Directors of the Sanjay Sahakari Sakhar Karkhana Ltd. hereinafter to be termed as "karkhana" signed a requisition and sent the same to the respondent No. 3, the Joint Director of Sugar and Joint Registrar, Co-operative Societies, Maharashtra State, Pune requesting him to summon a special meeting of the Committee of the Karkhana to consider the proposed motion of no-confidence against the Chairman of the Committee, Dattatraya Waman Patil, respondent No. 1. This requisition was signed by more than 1/3rd of the total members of the Committee in accordance with the provision of Cl. (2) of S. 73-ID of the Maharashtra Co-operative Societies Act, 1960 (Maharashtra Act No. 24 of 1961 ). The above requ