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1964 Supreme(Bom) 72

Y.S.TAMBE, VASANTI A.NAIK
Dinkar Tukaram Gajare – Appellant
Versus
Premchand Uttamchand Pagariya. – Respondent


JUDGMENT - Tambe, J.

(1) By this petition under Article 227 of the Constitution of India, the petitioner seeks to get quashed the order made by the Maharashtra State Co-operative Tribunal, 6th respondent hereto, on 22-4-1964, setting aside the election of the petitioner to the Board of Director of Jalgaon District Central Co-operative Bank Ltd. the second respondent hereto.

(2) Facts in brief are : The second respondent is a Federal Co-operative Society. Sub-section (13) of S. 2 of the Maharashtra Co-operative Societies Act. 1960 (hereinafter referred to as the Act) defines a "federal society" thus :

"federal society" means a society (a) not less than five members of which are themselves societies, and (b) in which the voting rights are so regulated that the members which are societies have not less than four-fifths of the total number of votes in the general meeting of such society,"

It would thus be seen that the membership of the federal society consists of shareholders falling under two categories (1) society and (2) individual shareholders. It would also be seen that sub-sec (13) of section 2 requires that voting rights at the general meeting have to be so regulated that the memb



























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