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1999 Supreme(Bom) 766

S.B.MHASE, J.A.PATIL
Zambar Rajaram Patil and another – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - S.B. MHASE, J.:---Heard Counsel for the respective parties.

2.Rule returnable forthwith with the consent of the parties

3.The petitioners have approached this Court under Article 226 of the Constitution of India challenging the proceedings of the special meeting of the Board of Directors of respondent No. 6 co-operative society dated 2-7-1999, wherein the respondents No. 5 and 9 were elected as Chairman and Vice Chairman respectively of the respondent No. 6 Co-operative society.

4.The respondent No. 6 is a specified Co-operative Society under section 73-G of the Maharashtra Co-operative Societies Act of 1960 and the elections of the managing committee of the said society, of the Chairman and Vice-Chairman are regulated under Chapter XI-A of the Maharashtra Co-operative Societies Act and the Rules thereunder. The elections of the respondent No. 6 society were held in 1998 for the period of five years and the managing committee consisting of 23 members was elected. The Election petition challenging the elections of 23 members of the managing committee is already pending before the Revenue Commissioner in view of the provisions of section 144-T of the Maharashtra Co-operative












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