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2006 Supreme(Bom) 1453

V.C.DAGA
ADINATH SAHAKARI SAKHAR KARKHANA LTD. – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT : - Rule, returnable forthwith. Mr. Palekar, AGP waives service for respondent Nos. 1 to 4. Mr. Godbole waives service for respondent Nos. 5 to 14.

By consent of parties petition is taken up for final hearing and disposal.

2. This petition is directed against the order dated 3rd August, 2006 pass by respondent No.2, the Collector, Solapur, whereby he has directed inclusion 4139 individuals in the final voters list as members of petitioner No. 1 -Society.

Factual Matrix :

3. The factual matrix reveals that petitioner No. 1 is registered as Co -operative Society governed by the Maharashtra Co -operative Societies Act, 19 ("Act" for short) and the rules framed thereunder, known as Maharashtra Co -operatives Societies Rules, 1961 ("Rules of 1961" for short). The election to the committee members of petitioner No. 1 - Society is governed by the Maharashtra Specified Co -operative Societies Election to Committee Rules, 19 ("Committee Rules, 1971" for short).

4. It appears that the elections of the managing committee were d sometime in the month of May, 2006; the respondent No. 3 - the Deputy Registrar, Co -operative Societies, Solapur called upon the petitioner No.1 Soc










































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