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2009 Supreme(Bom) 1073

K.K.TATED
Rameshchand Jethmalji Tawarawala – Appellant
Versus
The State of Maharashtra, Through its Secretary, Cooperative Department – Respondent


Advocates appeared:
For the Petitioner:P.M. Shah, senior counsel i/b. Amol S. Sawant, Advocates. For the Respondents:R1 to R3, Umakant Patil, A.G.P., R4, V.D. Hon, Advocate.

Judgment :-

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:


TABLE


4. The Petitioner submitted his nomination form from the open constituency. Thereafter the nomination of the Petitioner was declared to be valid by the e












































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