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1989 Supreme(Bom) 200

B.N.DESHMUKH, I.G.SHAH
Eknath Ashiram Alekar & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - B.N. DESHMUKH, J.:---Writ Petition No. 2187 of 1988 is filed by 870 petitioners, who claim to be sugar-cane growers within the area of operation and also within the reserved zone for supply of sugar cane to Respondent No. 3-Shrigonda Sahakari Sakhar Karkhana. Ltd. hereinafter called "sugar factory". Writ petition No. 417 of 1989 is filed by the 9 petitioners, who are all Directors of the said factory. As the questions involved and raised in both these petitions were almost identical and co-related, heard both these petitions together.

2. The substantial questions, which are agitated in these two petitions, are that the membership is granted by Respondent No. 5, who is chairman of the sugar factory, on one single day, i.e. on 30th June, 1988, when all the applications of as many as 3,387 persons were rushed through for the grant of membership. The petitioners contended that the membership is conferred in these 3,387 persons without following procedure prescribed by the Maharashtra Co-operative Societies Act, 1960; the Maharashtra Co-operative Societies Rules, 1961 and the Bye-laws of the sugar factory framed under the Act and Rules. It is further contended that the members













































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