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1987 Supreme(Bom) 154

V.A.MOHTA, A.A.DESAI
Keshaorao Narayanrao Patil – Appellant
Versus
District Deputy Registrar & others – Respondent


JUDGMENT - V.A. MOHTA, J.:---Maharashtra Act No. 20 of 1986 (brought into force with effect from 12-5-1986), the Maharashtra Co-operative Societies Act, 1960 (the Act) has been amended and section 73-FF has been added. It deals with the subject of disqualification for membership of the Committee. Sub-section (2) of section 73-FF mentions that A member who has incurred any disqualification under sub-section (1), shall cease to be a member of the Committee and his seat shall thereupon be deemed to be vacant." The principal point raised in this petition is whether such cessation takes place automatically or has to be preceded by a hearing and thereafter an order as required under section 78 of the Act dealing with the power of Registrar to remove a member, on the ground of incurring a disqualification.

2. The point arises against the following backdrop. Petitioner Keshaorao Patil, while he was holding the office of the President-Director of Vikas Khand Sahakari Shetki Kharedi Vikri Samiti Limited, Barshi Takli, had purchased goods on credit from the said society, between 23rd June, 1976 to 17th December, 1977. The Auditor reported these outstanding dues, on the basis of which inquiry u




















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