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1973 Supreme(Bom) 121

S.B.BHASME, R.M.KANTAWALA, V.D.TULZAPURKAR
BAPUSAHEB BALASAHEB PATIL – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

TULZAPURKAR J.- The question that has been referred to us for our decision by the Division Bench is as follows:

"Whether the Officers on Special Duty appointed under the Maharashtra Government Notification dated 11th March 1969 are Courts within the meaning of the Contempt of Courts Act, while discharging their duties under the Act."

2. The question arises in these circumstances: Respondent No.3 Kumbhi Kasari Sahakari Sakhar Karkhana Ltd. is a Co-operative Sugar Factory of which the petitioners and respondents Nos. 4 to 16 are the members. Triennial election to the Board of Directors of respondent No.3 was held on November 18, 1970, under the Election Rules framed in that behalf at which two or the petitioners and respondents Nos. 4 to 14 were the contesting candidates. The result of that election was declared on November 19, 1970 in the General Body Meeting of respondent No.3 held on that date and respondents Nos. 4 to 13 were declared elected to be the directors of the Board. On November 25, 1970 the petitioners applied to the District Deputy Registrar of Cooperative Societies, Kolhapur, respondent No. 17, to have the said election of the Board of Directors of respondent




































































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