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2016 Supreme(Bom) 952

B.P.DHARMADHIKARI, INDIRA JAIN
Akola District Central Cooperative Bank Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :Shri A. A. Naik, Advocate
For the Respondent:Shri N. R. Patil, AGP, Shri N. B. Jawade, Advocate

ORDER :

B. P. Dharmadhikari, J.

In the petition filed under Article 226 of the Constitution of India, the petitioner-District Central Cooperative Bank questions use of section 69B of the Maharashtra Cooperative Societies Act, 1960 by respondents with submission that as Section 69A has been deleted by the Maharashtra Cooperative Societies Amendment Act of 2013, Section 69B cannot survive. The submission is, Section 69A is soul, while Section 69B contains machinery surrounding it.

2. It will be appropriate to note that this is second writ petition filed by the petitioner. Earlier Writ Petition No.3012/2014 filed by petitioner was decided along with Writ Petition No.596/2014 filed by Vinod Bhujangrao Hingankar. Said Vinod is respondent no.5 in the present petition.

3. In Writ Petition Nos.596/2014 and 3012/2014, the controversy was whether Chairman of petitioner-District Central Cooperative Central Bank Limited can be an ex officio President of District Level Committee formed in terms of the Government Resolution dated 01-12-2008 read with subsequent order dated 23-12-2008. Respondent no.5-Vinod in that writ petition was aggrieved by order dated 15-12-2012 passed by the Minister of State


















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