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2006 Supreme(SC) 433

B.P.SINGH, ALTAMAS KABIR
Dudhganga Vikas Sewa Santha Maryadit – Appellant
Versus
Distt. Collector, Kolhapur – Respondent


JUDGMENT

B.P. Singh, J.—In this batch of appeals since the issue involved is identical, - they are being disposed of by this common judgment and order.

2. These appeals by special leave impugn the judgment and order of the High Court of Bombay dated 12.1.2006 in Writ Petition No. 49/2006. The High Court by its impugned judgment and order dismissed the writ petitions filed by the appellant-societies and upheld the order of the District Collector holding that the appellant-societies were not eligible to vote in the election which were to be held in the month of April, 2006. The answer to the question which arises for consideration is dependent upon the interpretation of Section 27(3) of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as the “Act”) and Rule 4 of the Maharashtra Specified Co-operative Societies Election to Committee Rules, 1971 (hereinafter referred to as the “Rules”).

3. For the sake of convenience we are taking the representative facts in C.A. No. 2122/2006.

4. The facts not in dispute are that the appellant-society is a primary society. It contributed to the capital of a federal society known as “Kolhapur District Central Cooperative Bank Ltd.”-























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