JUDJMENT (Per S.R.Sathe, J).

1. Being aggrieved by the provision made in Section 73(1AB) of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the said Act) that the member who fails to execute such bond within a specified period shall be deemed to have vacated his office as member of the Committee, the petitioner has filed this Writ Petition under Article 226 of the Constitution of India, 1950 and prayed that the said provision be declared ultra vires.

2. Brief facts giving rise to this Writ Petition are as under: . There is a Co-operative Housing Society by name Khatauwadi Tenants Co-operative Housing Society Limited (hereinafter referred to as KTCH Society) at Grant Road, Mumbai. Election for the Managing Committee of the said KTCH Society took place on 16.2.2005 and 8 members were declared as elected. The Petitioner is one of the elected members. One Mrs. N.M.Kumta was removed from the post of Chairman of KTCH Society. Some litigation was going on between the said Kumta and the society. During the inquiry of the said proceeding, the petitioner and other members of the Managing Committee of KTCH Society came to know that it was necessary for them to give

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