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1981 Supreme(Bom) 98

P.G.PALSHIKAR, V.A.MOHTA
Deorao Vithoba Kale – Appellant
Versus
Divisional Joint Registrar Co-operative Societies, Nagpur and others. – Respondent


JUDGMENT - Mohta V.J.-Assistant Registrar, Co-operative Societies, Sub-Division, Pusad, District Yavatmal, respondent No. 3, passed an order dated 29-12-1980 (Annexure-VI) cancelling his earlier order of appointment of the petitioner as a member of the Managing Committee of Umarkhed Block Co-operative Purchase and Sale Society Limited, Umarkhed, a society duly registered under the Maharashtra Co-operative Societies Act, I960 (The Act, for short). This order is impugned in the present petition. On 29-11-1978 in exercise of the powers under Section 77-A of the Act, the third respondent nominated three persons to be the members of the Managing Committee of the Society which included the petitioner. The term was co-extensive with the term of the other members of the Managing Committee. It appears that the petitioner became defaulter of loan borrowed from the Society to the tune of Rs. 16803. As a result a show cause notice under section 78 was served on him. This was followed by an order dated 9-11-1979 (Annexure-3) dismembering the petitioner on the aforesaid ground, contemplated under Rule 58(1)(a) of the Maharashtra Co-operative Societies Rules 1961 ('the rules' for short). Subseque





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