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2007 Supreme(Bom) 609

S.A.BOBDE, N.A.BRITTO
LAXMAN LADU RAUT – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.KANSAR, A.N.S.NADKARNI, C.A.FERREIRA, H.D.NAIK, Rama Rivankar, S.K.KAKODKAR, S.N.JOSHI, S.N.Sawaikar

N. A. BRITTO, J.

( 1 ) BY this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners assail the letter/communication dated 20-12-2005 issued by the Director (Co-operation) with the approval of the Central Registrar of co-Operative Societies, by which it has been clarified that the term of Office of the present Board of Directors (Respondent Nos. 5 to 20) will be 5 years from the date of election (25-1-2003 ).

( 2 ) THE petitioners have assailed the said letter essentially on the ground that it is grossly illegal, arbitrary and unauthorized since the Certificate of registration dated 1-3-2004 had fixed the tenure of the present Board of directors to 3 years and the tenure of 5 years was for the Board of Directors to be elected in future. The petitioners have therefore sought, interalia, for a writ of certiorari or a writ in the nature of certiorari or any other writ or order and direction to quash and set aside the said clarification contained in the said letter dated 20-12-2005 and also for a further direction to Respondent No. 3-Central registrar to appoint an Administrator to admins. ister the affairs of respondent no. 4-Bank and to direct respon






























































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