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2011 Supreme(Bom) 330

S.V.GANGAPURWALA, NARESH H.PATIL
Shivaji s/o. Annasaheb Gadhve – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Shri V. D. SALUNKE, Advocate i/b. Shri. S. S. SHETE, Advocate for Petitioners.
Shri. B. V. WAGH, A.P.P., for Respondent Nos.1 and 2.
Shri. V. D. HON, Advocate for Respondent No.3.
Shri. R. A. TAMBE, Advocate for Respondent No.4.

JUDGMENT

NARESH H. PATIL, J.:- By an order dated 15th February. 2011. notice was issued to the Respondents for final disposal of the Petition at admission stage. Rule, Rule made returnable forthwith.

2. The Petitioners contend that they are members of Respondent No.3 Sugar Factory namely, Ganesh Sahakari Sakhar Karkhana. Tq.-Rahata. Dist.-Ahmednagar. The Petitioners challenge impugned order dated 22nd November, 2010, passed by the State Government. by which the State Government granted exemption under Section 157 of the Maharashtra Co-operative Societies Act. 1960 (for short "the Act of 1960") in favour of Board of Directors of Respondent No.3 Sugar Factory.

3. The Petitioners state that Respondent No.3 Sugar Factory is specified society within the meaning of Section 73-G of the Act of 1960. The Board of Directors of the said Sugar Factory was elected in the year 2005. The Committee was constituted on 15th December. 2005 and the term of the Committee expired on 14th December. 2010. In accordance with the provisions of Section 73- H of the Act of 1960, the Director Board is bound to take steps in advance to hold elections as per the term. It is contended that Respondent No.3 Sugar Fact




































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