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2005 Supreme(Bom) 486

D.Y.CHANDRACHUD
Prakash Mahadeo Khot – Appellant
Versus
Maruti Dada Khot – Respondent


Judgment

( 1 ) RULE, by consent returnable forthwith. Counsel appearing for the Respondents waive service. By consent of Counsel and at their request taken up for hearing and final disposal.

( 2 ) THE Eighth Respondent is a Cooperatives Society registered under the maharashtra Co-operative Societies Act, 1960 ("the Act") and is a notified Society under Section 73-IC. On 7th December, 2002 an election programme was declared by the assistant Registrar of Co-operative Societies for electing 13 members of the Managing committee. It appears that there was no nomination for one of the posts which had to be filled up from amongst Denotified Tribes. 12 posts were accordingly filled up. On 17th and 18th January, 2004, 7 members of the managing Committee including the four petitioners and Respondent Nos. 1, 2 and 7 tendered their resignations to the Secretary of the Eighth Respondent. One of the members of the Managing Committee had expired. Consequently,. only four members of the Managing Committee remained in office. On 19th January, 2004, the resignations were forwarded to the Assistant Registrar of Cooperative Societies by the Secretary of the eighth Respondent. On 27th January, 1994, the






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