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2009 Supreme(Bom) 1449

F.I.REBELLO, J.H.BHATIA
Dudhganga Vedganga Sahakari Sakhar Karkhana – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioners:S.S. Patwardhan, Advocate. For the Respondents: R1 & R3, V.S. Masurkar, AGP.

Judgment :

Oral Judgment: (Ferdino I. Rebello, J.)

1. Rule by consent. Heard forthwith.

2. The Petitioner is a specified society as classified under Section 73(G) of the Maharashtra Co-operative Societies Act, 1960 which hereinafter referred to as the ‘M.C.S. Act’. On 23.6.2009 respondent no.2 published the programme for finalisation of the voters’ list. The society on 16.7.2009 published the provisional voters’ list under Rule 4(2) of the Maharashtra Specified Co-operative Societies Election to Committee Rules, 1971 hereinafter referred to as ‘Election Rules’. The objections to the provisional list of voters were to be submitted on or before 24.7.2009. It is the case of the petitioners that some objections have been filed to the said provisional list of voters.

3. Petitioners state that simultaneous with the publication of the programme for finalisation of the voters’ list, respondent no.2 directed respondent no.3 to hold an enquiry under Sections 25 and 25-A of the M.C.S. Act, 1960 and the said enquiry was to be completed on or before 7th July, 2009 and the report was to be forwarded to respondent no.2 by 8th July, 2009. Respondent No.3 has accordingly asked the petitioners to fu









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