JUDGMENT - BHOSALE D.B., J.:---Rule. Returnable forthwith, Mr. Sakhare, learned Senior Counsel, waives service for the respondents. Heard finally by consent of the parties.

2.This writ petition raises a short yet important question of law as to whether the number of "nominated members" of the Managing Committee can be counted for forming a quorum of the meeting of such Committee convened for electing its officers. This is particularly so since they are specifically excluded by the provisions of section 27(9) of the Maharashtra Co-operative Societies Act, 1960 (for short, the Act) from voting at any election of the officers of such Committee. Since an answer to this question does not involve any factual adjudication, a brief reference thereto would suffice.

3.Respondent No. 3 (for short, the society) is a specified society within the meaning of section 73-G of the Act. Elections of officers of the Committee for the year 2003-04 were due and, therefore, the meeting of the directors was convened on 10-9-2003 by the Election Officer who was nominated by the Collector. At the said meeting, 9 directors out of 17 remained present. Out of 9 directors, one director was a nominee of the fina

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