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2007 Supreme(Bom) 1403

SWATANTER KUMAR, D.Y.CHANDRACHUD
Kulwant Singh Parmar – Appellant
Versus
Sher-e-Punjab Co-operative Housing Society Ltd. – Respondent


Advocates:
Advocate Appeared
Mr. M.P. Vashi for the Petitioners.
Mr. R.A. Thorat for Respondent Nos.1 and 3.
Mr. Yadunath Chowdhari for Respondent No.4.
Mr. A.S. Desai for Respondent No.12.

JUDGMENT (Per Dr. D.Y. CHANDRACHUD, J.) :

1. The First Respondent is a co-operative housing society deemed to be registered under the Maharashtra Co-operative Societies Act, 1960. The elections to the managing committee were held on 1st February, 2004 and the results are stated to have been declared on 7th February, 2004. The tenure of the managing committee was to expire in February 2007. By a government notification dated 16th November, 2006 elections to all co-operative societies were stayed from 16th November, 2006 till 31st March, 2007. By a resolution passed on 28th December, 2006 the managing committee requested the Deputy Registrar, Co-operative Societies, K-East Ward to conduct the election for the period 2007- 08 to 2009-10. By a letter dated 18th January, 2007 the society requested the Deputy Registrar to appoint a Returning Officer. By a letter dated 2nd April, 2007 the Deputy Registrar appointed a Returning Officer.

2. On 23rd May, 2007 these proceedings were instituted under Article 226 of the Constitution seeking the following reliefs :

i) that the election programme including the provisional list of voters published on 13th May, 2007 be quashed;







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