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2006 Supreme(Bom) 1505

A.P.DESHPANDE, R.M.BORDE
MOHANRAO ANANDRAO MUNDE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


ORAL JUDGMENT

R. M. BORDE, J. :- Heard Shri V. D. Hon holding for S Bachate, Advocate for the petitioner, Shri K. G. Patil, A.G.P. for respondent

Nos. 1 to 5 Shri A.B. Girase of respondent No. 6 and Shri V.D. Salunke and Shri S.G. jadhav ,Advocates for the intervennors.

2. Rule. Rule is made returnable forthwith, with the consent of the parties the petition for final hearing at the admission stage.

3. The petitioners herein seek to challenge the action of postponement of elections of the respondent No.6 society. The respondent No.6 is a specified co-operative society within the meaning of section 73G of the Maharashtra Coprative Societies Act. The petitioners are members of respondent No.6 society. According to the petitioners, the last elections of the society were held in 2002. As first meeting of newly elected members of the managing committee was held 6th March, 2002. As per the provisions of section 73G(2) the term of the elected managing committee is five years. As such, the term of the elected managing committee is to expire in the month of March, 2007.

4. It is contended by the petitioners that the general body of the respondent .6 society adopted a resolution bearing No. 1
















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