1980 Supreme(Bom) 287
M.S.JAMDAR, D.B.PADHYE
Arun Trivikramrao Rajurkar & others – Appellant
Versus
Gowardhan Janardhan Khotre & others – Respondent
Padhye R.S., JJ.-Three important questions are involved for decision in this case (1) Whether a Councillor of Zilla Parishad who could have challenged the validity of the election of a President under the provisions of section 45(4) of Maharashtra Zilla Parishads and Panchayat Samities Act, 1961 (for short Zilla Parishad Act) but has failed to do so within the prescribed time limit for want of knowledge of the alleged disqualification and/or a person who could not have challenged the validity of the election of the President of Zilla Parishad under the above referred provision could seek a writ in the nature of Quo-Warranto under Article 226 of the Constitution of India or whether the remedy of seeking such a writ stands displaced on account of the alter native remedy contained in Zilla Parishad Act for challenging the validity of the ejection of the President of Zilla Parishad? (2) If the provisions of the Maharashtra Co-operative Societies Act, 1960 (for short Co-operative Societies Act), Rules framed thereunder and Bye-laws of a Co-operative Society are silent about the manner and circumstances in which the office-bearer of the said Co-operative Society can tender his resignati
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