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2016 Supreme(Bom) 799

S.B.SHUKRE
M. I. D. C. Prakalpgrast Majur Kamgar, Sahakari Sanstha – Appellant
Versus
Amravati District Labour Cooperative Society's Union Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Shri H.S. Chitaley, Advocate.
For the Respondent:Shri S.B. Ahirkar, Assistant Government Pleader and Shri A.M. Ghare, Advocate.

JUDGMENT :

S.B. SHUKRE, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.

2. By these writ petitions the petitioners have challenged the legality and correctness of the order dated 11.1.2016 passed by the District Cooperative Election Officer-cum-District Deputy Registrar, Cooperative Societies, Amravati. Both the petitioners are the Cooperative Societies registered under the provisions of the Maharashtra Cooperative Societies Act, 1960 (in short “Act, 1960”) and the Maharashtra Cooperative Societies Rules, 1961 (in short, “Rules, 1961”). They are classified as producer societies in view of the Rule 10(1) of the Rules 1961. The respondent No.1, in both the writ petitions, is a Federal Society to which the petitioners-Societies are affiliated and respondent No.2, in both the writ petitions, is the Election Officer appointed for conducting the elections of respondent No.1 Society.

3. On 1st September, 2009, there was an election of respondent No.1 Society in which the existing executive body of respondent No.1 was got elected. It's term, however, expired on 31st August, 2014, it being for a period of 5 years as per the byel

































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