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2000 Supreme(Bom) 920

B.H.MARLAPALLE, N.V.DABHOLKAR
Hanuman Dudh Vyavasaik Sahakari Sanstha Ltd. . & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - B. H. MARLAPALLE, J.:---Heard learned Counsel for the respective parties, learned A.G.P. for the respondent Nos. 1 2. Rule.

The respondent Nos. 1 to 4 waive service. The respondent No. 5 is personally present and the respondent No. 6 is a formal party and, therefore, the notice is dispensed with. Rule made returnable forthwith and the parties have been heard at length on 27th to 30th November, 2000.

2. The petitioner Nos. 1, 3 and 5 are the registered village level dairy co-operative societies and the petitioner Nos. 2,4 and 6 are the Chairmen of the respective societies. They have brought in issue the legality, propriety and justifiability of the order dated 9th October, 2000 passed by the respondent No. 5 purportedly under section 77A of the Maharashtra Co-operative Societies Act, 1960 (for short, the Act), thereby, appointing an Administrative Board (Prashashak Mandal), consisting of three members i.e. the respondent No. 5 himself as the Chairman and two other persons viz. the respondent No. 3 and the respondent No. 4 as members.

3. Writ Petition No. 3631 of 1999 came to be decided by us by our judgment dated 7th September, 2000, wherein, we held that the existing m












































































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