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1992 Supreme(Bom) 299

V.A.MOHTA, M.F.SALDANHA
Hingna Taluka Sahakari Shetki Kharedi Vikri Sanstha & others – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - MOHTA V.A., J.:---Validity of section 79-A of the Maharashtra Co-operative Societies Act, 1960 (the Act) and the Government Resolution/direction dated 23-6-1987 (Annexure E) passed/issued under the Act is impugned in this petition by 12 Primary Marketing Co-operative Societies. Section 79-A reads thus:

"79-A. (1) If the State Government, on receipt of a report from the Registrar or otherwise, is satisfied that in the public interest or for the purposes of securing proper implementation of co-operative production and other development programmes approved or undertaken by Government, or to secure the proper management of the business of the society generally, or for preventing the affairs of the society being conducted in a manner detrimental to the interest of the members of the depositors or the creditors thereof, it is necessary to issue directions to any class of societies generally or to any society or societies in particular, the State Government may issue directions to them from time to time, and all societies or the societies concerned, as the case may be, shall be bound to comply with such directions.

(2) The State Government may modify or cancel any directions issu














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