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2009 Supreme(Bom) 1278

SWATANTER KUMAR, D.D.SINHA, PRASANNA B.VARALE
Narayan s/o Gujabrao Bhoyar – Appellant
Versus
Yeotmal Zilla Parishad Karmachari Sahakari Path Sanstha Maryadit & Another And Rajendra Babarao Raut – Respondent


Advocates appeared:
For the Petitioner:S.D. Paliwal, with M.I. Dhatrak, Advocates.
For the Respondents:R1 & R2, S.V. Parkhi, Advocate. For the Intervenor:S.K. Tambde, Advocate.

Judgment :-

Swatanter Kumar, C.J.


1. In the year 2006, Narayan Gujabrao Bhoyar [hereinafter referred to as “the petitioner”] was elected as a Member of the Managing Committee of Yavatmal Zilla Parishad Karmachari Sahakari Sanstha [hereinafter referred as “the Society”] and also as a Secretary of the Respondent No.1Society.


2. The President of the Society resigned from his post allegedly on the ground that there were allegations of fraud while discharging his duties as President of the Respondent-Society.


3. According to the petitioner, the respondent no.2 called an illegal meeting and in that meeting, a decision is stated to have been taken that resignation of the President was rejected. A meeting of the Directors of the Society was also held and while passing Resolution No.5, it was resolved that the petitioner had not paid the amount of advance within thirty days and, thus, incurred the disqualification as per the provisions of the Maharashtra Co-operative Societies Act, 1960 [hereinafter referred to as “the Act”, for short].


4. In pursuance of this resolution, a letter was issued to the petitioner on 15th October, 2008, aggrieved by which, the petitioner raised a Dispute, bein
























































































































































































































































































































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