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2012 Supreme(Bom) 1309

VASANTI A.NAIK, A.B.CHAUDHARI
Ramdarsh Shardaprasad Mishra – Appellant
Versus
Divisional Joint Registrar, Co-operative Societies – Respondent


Advocates appeared:
For the Appellant:A.H. Patil, Advocate. For the Respondent:R1 to R3, Smt. B.H. Dangre, Addl. G.P., R4, Bhonsale, Adv. h/f P.D. Meghe, R6 to R8, A.M. Ghare, Advocate.

Judgment :

(A.B. Chaudhari, J.)

1. A common judgment and order dated 25.6.2012 in Writ Petition Nos.2490/2012 and 2491/2012, passed by the learned Single Judge, is under challenge in these two letters patent appeals.

2. In support of the appeal, learned Counsel for the appellant in both the appeals made the following submissions.

(A) The members of the Managing Committee of respondent no.4 -Co-operative Society are 13 from the elected category and 2 from the nominated category and thus, the strength of the Committee is 15. The motion of no confidence was passed against the appellants with 9 votes. According to Shri Patil, the learned Counsel for the appellant in both appeals, it is an admitted fact that the notice of motion of no confidence was given to only 13 elected members of the Committee and the 2 nominated members, namely one from a District Central Cooperative Bank and the other, namely the representative of District Deputy Registrar Co-operative Societies were not at all noticed of the said meeting of motion of no confidence. Consequently, those two members could not attend the meeting. Advocate Shri Patil continued to argue that those two nominated members of the Committee



































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