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2003 Supreme(Bom) 1130

R.M.S.KHANDEPARKAR
Pravinkumar R. Salian – Appellant
Versus
Hon ble Chief Minister and Minister of Co-operation & others – Respondent


JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard the learned Advocates for the petitioner and the respondent Nos. 1, 2, 3 to 6, 14 and 15. None present for the remaining respondents, though served. Perused the records.

2. The petitioner challenges the order dated 6th August, 2002 issued by the respondent No. 2 and the order and notice dated 7th August, 2002 issued by the respondent No. 3 on two counts. Firstly that, the respondent No. 2 was entitled neither under section 79 of the Maharashtra Co-operative Societies Act, 1960, hereinafter called as "the said Act", nor under any of the provisions of the said Act or Rules framed thereunder to pass such an order nor to give directions which were given thereunder, and likewise the respondent No. 3 could not have issued the order and notice dated 7th August, 2002 either under any of the statutory provisions or even under the bye-laws of the society. Secondly that, the action on the part of the respondent No. 3 is clearly mala fide inasmuch as that the same is without application of mind and solely pursuant to the directions by the respondent No. 2 in that regard and further it discloses vindictiveness on the part of the respondent No. 3 conseq


























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