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2012 Supreme(Bom) 848

A.H.JOSHI
Sopanrao Onkarrao Sathe – Appellant
Versus
District Deputy Registrar, Co-operative Societies – Respondent


Advocates Appeared:
For the Petitioner:P.C. Madkholkar, Advocate.
For the Respondents:R1, R2, R3 & R5, K.L. Dharmadhikari, Asstt. Govt. Pleader, R4, A.M. Gordey, Senior Adv. with Mr. G.G. Mishra, Advocate.

Judgment

Rule. Rule is made returnable forthwith. Respective Advocates waive service. Heard finally by consent of parties.

2. Petitioner herein was a Member and Chairman of Agricultural Produce Market Committee, Malkapur. He was served with a Show-cause-Notice dated 2nd June, 2010. The notice was issued to the petitioner under Section 45 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. Petitioner was called to show cause against removal towards misconduct and disqualification. Copy of notice is at Annexure-C (page 29 of the writ petition paper-book).

3. The grounds of removal disclosed in the Show-cause-Notice are summarized as follows:-

(a) Respondent No.4 herein had challenged Resolution No.6 passed in the meeting of the Committee on 10th December, 2007 under Sections 41A and 43 of the Act before the Director of Marketing.

(b) The petition was entertained and an order of status quo was passed. By said order, the construction work of a tin shed which was commenced by the Committee furtherance to Resolution No.6 was to be kept in abeyance.

(c) The petitioner, who was holding the reins of the Committee, did not hold hands, and disobeyed the or







































































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