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1991 Supreme(Bom) 494

SUJATA V.MANOHAR, S.H.KAPADIA
Firozali Abdulkarim Jivani & another – Appellant
Versus
Union of India & others – Respondent


JUDGMENT - MRS. MANOHAR SUJATA, J.:—The petitioners are members and shareholders of the Development Co-operative Bank Limited, the 6th respondent, which is a Multi-State Co-operative Society registered under the Multi-State Co-operative Societies Act, 1984. The petitioners have filed the present writ petition challenging the acceptance by the returning officer (respondent No. 7) of the nomination of respondent No. 8, Baddruddin Ahmed Pradhan for the post of the President of respondent No. 6 Bank at the elections held on 23rd April, 1989 and the subsequent election of respondent No. 8 to the post of the President of respondent No. 6 Bank.

2. For the purpose of this petition it is necessary to state in brief the history of this Bank. Prior to 30th June, 1981 there was a co-operative bank known as the Ismailia Co-operative Bank Limited. Respondent No. 8 was the President of this bank since March 1979. There was also in existence another Co-operative Bank known as the Masalawala Co-operative Bank Limited. Both these banks were registered under the Maharashtra Co-operative Societies Act, 1960. Both these banks were amalgamated by an order dated 30th June, 1981 passed by the Divisional Jo




















































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