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2004 Supreme(Bom) 283

C.K.THAKKER, A.S.OKA
Shivamrut Dudh Utpadak Sahakari – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - THAKKER C.K., C.J.:-Rule. Mr. C.J. Sawant, Senior Advocate instructed by Mr. P.M. Patil, Assistant Government Pleader, appears and waives service of notice of rule on behalf of respondent Nos. 1 to 3. Dr. B.R. Naik, Senior Advocate, instructed by Mr. Prashant Naik, appears and waives service of notice of rule on behalf of respondent No. 4. In the facts and circumstances and with the consent of parties, the matter has been taken up for final hearing.

2.This petition is filed by the petitioners for an appropriate write, direction or order quashing and setting aside orders passed by the State of Maharashtra, respondent No. 1, under section 157 read with section 77-A of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act"), granting exemption under sections 73-G and 73-H of the Act to Maharashtra Rajya Sahakari Dudh Mahasangh Maryadit, respondent No. 4 herein, as ultra vires, unconstitutional and bad-in-law. A relief is also sought to declare Bye-law No. 7.3.3. of respondent No. 4 society ultra vires, unconstitutional and unlawful. A prayer is made to direct respondent-authorities to hold election of Board of Directors of respondent No. 4,

























































































































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