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2015 Supreme(Bom) 789

ABHAY S.OKA, C.V.BHADANG
Jeevanrao Vishwanathrao Gore – Appellant
Versus
State of Maharashtra through its Department of Home Mantralaya – Respondent


Advocates Appeared:
For the Petitioners:V.M. Thorat, a/w Jitendra M. Mulik, Advocates.
For the Respondents: Sunil V. Manohar, AG a/w A.B. Vagyani, G.P. a/w M.P. Thakur, AGP.

Judgment :-

(A.S. Oka, J.)

1. The Parties were put to notice on the earlier date that these petitions will be disposed of finally at the admission stage. Detailed submissions were made by the learned counsel appearing for the petitioners and the learned Advocate General on behalf of the State Government. On 21st April, 2015 submissions were fully heard and the petitions were fixed for the judgment.

FACTS

2. The Maharashtra State Road Transport Corporation was constituted under the provisions of the Road Transport Corporation Act, 1950 (for short “The said Act”). Section 3 of the said Act provides for establishment of Road Transport Corporations in the States. It is in exercise of the powers under Section 3 that the Maharashtra State Road Transport Corporation (for short “the said Corporation”) has been established. Section 5 of the said Act provides for constitution of Road Transport Corporations. The Sub-Section (1) of Section 5 provides that the management of the Corporations established under Section 3 shall vest in the Board of Directors (for short “the Board”). The Sub-Section (2) thereof provides that the Board shall consist of a Chairman and such other Directors, being not le







































































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