IN THE HIGH COURT OF BOMBAY
(B. P. Dharmadhikari, J.)
JAGANNA TH P ANDHARINA TH REW ASKAR and others -Petitioners.
Versus
MINISTER OF ST ATE FOR CO-OPERATION and others -Respondents.
W. P. No. 2969 of 2006
Decided on 6-11-2006. (Nagpur)
Advocate Appeared
For petitioners: A. M. Ghare
For respondent Nos. 1 to 3: Kothari, AGP
For respondent No.4: P. C. Madkholkar
2. Admittedly all petitioners are members of respondent No. 4 Cooperative Society registered under Maharashtra Co-operative Societies Act (MCS Act) and are retired/ex-employees of Zilla Parishad Akola. The term of its executive committee is five years and its executive committee consist of total 15 members. 7 members are to be elected from various reserved categories while remaining 8 are elected - 1 from amongst ex-employees of Zilla Parishad, 1 from amongst ex-councillors of Zilla Parishad while 3 each from amongst existing employees and existing councillors of Zilla Parishad. In present petition, we are not concerned with 7 members but with election of 8 and their constituency. 6600 is the number of ex-employees and present employees of the Zilla Parishad who are members of respondent No. 4 Society. Only 4 persons are members from category of ex members/councillors of Zilla Parishad and there are no continuing councillors or present councillors as members. By amendment to bye-laws, otherwise four different constituencies from which the 8 persons are to be elected are now clubbed together into 2 constituencies. Thus as per amendment 4 committee members are to be elected from constituency of ex and existing employees of Zilla Parishad. Similarly 4 committee members are to be elected from constituency of ex and existing councillors of the Zilla Parishad.
3. Elections to executive committee ought to have been held on 22-2-2002 and the same were not held. Hence, on 3-7-2002 respondent No. 3 sought explanation from respondent No. 4 as to why action under section 73H(2) of Maharashtra Co-operative Societies Act should not be taken. Decision to hold elections was then taken by executive committee on 20-5-2002 proposing to hold elections but it was only to avoid Administrator. Co-operative department appointed one person as Election Officer and influential group in respondent No. 4 re
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