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1982 Supreme(Bom) 8

A.A.GINWALA, V.V.JOSHI
B. S. Potey – Appellant
Versus
B. A. Joshi, District Deputy Registrar and others – Respondent


JUDGMENT - Ginwala A.A. J. -The Yavatmal District Central Co-operative Bank Limited is a society specified under section 73G of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act'). Members of the committee of a specified society are elected under the provisions of the Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971 (hereinafter referred to as 'the Election Rules'). The petitioner was elected as a member of the committee of the said bank on 25–10–1978 repre-senting the Maregaon Block Development Constituency. On 20–3-1979 he tendered his resignation as a member of the committee and the Chairman of the Bank accepted this resignation on that very day and intimated the vacancy to the District Deputy Registrar, Co-operative Societies, Yavatmal (respon-dent No. 1) on 23–3-1979. The vacancy caused due to the resignation of the petitioner was required to be filled in under the provisions of Rule 72 of the Election Rules. The elections to the Committees of specified societies are governed by Chapter XI-A of the Act and under section 144-C occurring in that chapter, it is the Collector who has to fix the date for the electi


























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