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2012 Supreme(SC) 249

ALTAMAS KABIR, J.CHELAMESWAR
RAJENDRA PRATAPRAO MANE – Appellant
Versus
SADASHIVRAO MANDALIK K. T. S. S. K. LTD. – Respondent


JUDGMENT

Altamas Kabir, J.-Leave granted.

2. The facts of these appeals give rise to an interesting question of law regarding the interpretation of the Rules of Business framed by the Governor of Maharashtra in exercise of powers conferred under Article 166(2) and (3)of the Constitution of India. According to the said Rules of Business, statutory appeals filed under Section 152 of the Maharashtra Cooperative Societies Act, 1960, hereinafter referred to as "the M.C.S. Act, 1960", are to be heard by the Minister-in-charge of the concerned Department.

3. A few facts are required to be set out in order to appreciate the question which has been raised in these appeals.

4. On 30th June, 2011, the appellants filed an application before the Commissioner of Sugar, Maharashtra State, Pune, complaining about the unlawful manner in which persons had been enrolled by the respondent Karkhana, despite the fact that they did not fulfill the required criteria and were ineligible from becoming members. As the Commissioner, or his subordinates, did not take any action on the application filed by the appellants they filed a writ petition, being W.P. No.7257 of 2011, before the Bombay High Court, for a



















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