1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, matter is taken up for final hearing at the stage of admission.

2. By this Petition under Article 227 of the Constitution of India, the Petitioner challenges the order dated 30th June, 2009 passed by learned Minister in Proceeding No. APP/1708/Pra. Kra./695/15S (Annexure-P). By this order dated 30th June, 2009, learned Minister allowed Appeal No.695 of 2008 filed by Respondent No.4 under Section 152 of the Maharashtra Cooperative Societies Act, 1960. A few facts of the present case are as under:

3. The Petitioner was elected as Director of Jalna Peoples Co-operative Bank Ltd. Jalna for the period commencing from 2005 to 2010. The election officer i.e. Assistant Registrar, Co-operative Societies, Jalna published the programme of the election for the purpose of electing Board of Directors of Jalna Peoples Cooperative Bank Ltd. Jalna. As per the election programme, following stages were decided by the election officer:

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4. The Petitioner submitted his nomination form from the open constituency. Thereafter the nomination of the Petitioner was declared to be valid by the election officer. The Petitioner was elected as Member of Board of Director from the open constituency. The Respondent Nos.4 and 5 submitted application on 5th May, 2008 with the Respondent No.3 i.e. Divisional Joint Registrar, Co-operative Societies, Aurangabad and thereby prayed for disqualification of the Petitioner on the ground of defaulter. Respondent Nos. 4 and 5 submitted in their application that the nomination form of the Petitioner was objected by them but the objection was rejected by the election officer. Respondent Nos. 4 and 5 submitted that the Petitioner was defaulter on the date of filing of the nomination form as per Section 73 FF (1) of the Maharashtra Co-operative Societies Act, 1960. On the basis of the said application, the Divisional Joint Registrar, Co-operative Societies, Aurangabad issued show cause notice to the Petitioner stating that as per enquiry report dated 25th April, 2008 prepared by the Assistant Director, Co-operative Societies, Jalna, it transpired that the Petitioner had secured loan amount of Rs.5 Lacs on 25th January, 1994 against the pledge of goods. Apart from this, in the year 1996, the Petitioner had also obtained the cash credit limit against hypothecation of Rs.20,00,000/-. Therefore, on 1st April, 2004, total amount of Rs.24,47,000/- was due from the Petitioner and therefore the Petitioner was served with the notice why action should not be taken against the Petitioner under Section 73 FF (1)(d) of the Maharashtra Co-operative Societies Act, 1960. The Petitioner replied the said show cause notice by his reply dated 15th July, 2008 and denied that there were dues of Rs.24,45,000/- as on 1st April, 2004. He further mentioned in his reply that he has refunded the total amount with interest before 26th November, 2005 and there were no dues against him in respect of both the loan transactions after the said date i.e. 26th November, 2005. He further denied that a sum of Rs. 24,45,000/- was due as on 1st April, 2004. Considering the reply filed by the Petitioner, Divisional Joint Registrar, Co-operative Societies, Aurangabad Region, Aurangabad, by his Judgment dated 20th September, 2008, held that the Petitioner had deposited the entire loan amount on 26th November, 2005 and therefore the Petitioner did not become defaulter.

5. Being aggrieved by the said order dated 20th September, 2008 passed by the Divisional Joint Registrar, Co-operative Societies, Aurangabad, Respondent Nos. 4 and 5 submitted an appeal before the learned Minister under Section 152 of the Maharashtra Co-operative Societies Act, 1960, thereby challenging the Judgment and order passed by the Divisional Joint Registrar, Co-operative Societies, Aurangabad and prayed for disqualification of the Petitioner. The said appeal was allowed by the le