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2011 Supreme(Bom) 1181

A.H.JOSHI, A.R.JOSHI
Tanaji s/o Keshavrao Bhoite – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:V.D. Hon, Advocate.
For the Respondents:R1 to R4, Smt. S.D. Shelke, A.G.P., R5, M.S. Deshmukh, R6, V.D. Salunke, Advocates.

Judgment :-

A.H. Joshi, J.

1. Rule. Rule made returnable forthwith and heard, by consent.

2. Petitioner herein is an elected director of Respondent No.5-Bank. He is under detention since 10.1.2011 in furtherance of the order passed by the Collector, Jalgaon under Maharashtra Prevention of Dangerous Activities and Slumlords and Bootleggers Drug Offenders and Dangerous Persons Act 1981 ("MPDA Act" for short). While under detention, the petitioner received agenda of elections for the Chairman and Vice Chairman of Respondent No.5-Bank, scheduled to be held on 5.10.2011.

3. According to the petitioner:-

(a) Heis an elected member of the specified society

(b) The elections for Chairman and Vice Chairman of the society -Respondent no.5 are to be held by the Collector or his nominee.

(c) The Presiding Officer has issued the agenda to hold the said meeting on 5.10.2011.

(d) He is entitled to attend the said meeting and vote at the said elections.

(e) The petitioner, however, is unable to attend the meeting due to his detention.

(f) He had applied to the jail authorities for releasing him to enable him to attend the said meeting, by application dated 19.9.2011.

(g) The jail authorities





























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