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2003 Supreme(Bom) 449

NISHITA MHATRE
Ramesh Sawant – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - Smt. MHATRE NISHITA, J.:---This petition challenges the orders dated 24-8-1998, 25-11-1998 and 27-9-1999 passed by the Deputy Registrar, Co-operative Societies. The Joint Registrar, Co-operative Societies (Appeals) and the State Government respectively. These orders had been passed pursuant to a show-cause notice being issued to the petitioner under section 78 of the Maharashtra Co-operative Societies Act (for short, 'the Act') calling upon him to show cause as to why his name should not be removed as Managing Committee member since he was not a member of the society from 4-6-1996 and, therefore, could not have been a Managing Committee member.

2. The petitioner was a member of respondent No. 5-society occupying flat No. A-205 in the building belonging to the society. Some time in May, 1996 when the petitioner was the Chairman of respondent No. 5 society, he decided to gift the flat to his three children and executed gift deeds accordingly. The society was informed by the petitioner that he had by three separate instruments on 8-5-1996 gifted the flat to his two sons Vikrant and Sangram and daughter Monika. The society, accordingly, acted upon these gift deeds and transfe





















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