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2017 Supreme(Bom) 2203

M.S.SONAK
Madhav Atmaram Sahakari – Appellant
Versus
Aselmo Furtado Son of Exaltacao Furtado – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.D. Bhobe, Advocate
For the Respondent:Mr. A. Kakodkar, Advocate, Mr. D. Shirodkar, Addl. Govt. Advocate, Mr. V. Rodrigues, Advocate, Mr. I. Agha, Advocate

JUDGMENT :

M.S. Sonak, J.

Heard Mr. A.D. Bhobe, learned Counsel for the petitioners, Mr. A. Kakodkar, learned Counsel for the respondent nos.1 to 24, Mr. D. Shirodkar, learned Addl. Govt. Advocate for the respondent no.25, Mr. V. Rodrigues, learned Counsel for the respondent no.27 and Mr. I. Agha, learned Counsel for the respondent nos.29 and 38.

2. Rule. With the consent of the and at the request of the learned Counsel for the parties, Rule is made returnable forthwith.

3. The petitioners challenge the judgment and order dated 7.4.2017 made by the Co-operative Tribunal in Co-operative Appeal No.5/2017 allowing the appeal instituted by the respondent nos.1 to 24 against rejection of their nomination papers for election to the Board of Directors of the Goa State Co-operative Milk Producers Union Ltd, ("Milk Union " for short). The operative portion of the order reads thus:-

"Appeal is partly allowed.

The impugned order dated 18.1.2017 and Form-Election 9 dated 20.01.2017 are quashed and set aside.

The Respondent nos.1 and 2 are directed to accept the nomination papers of the Appellants and conduct elections in accordance with law on any convenient day as expeditiously as possible."

4. Brief



















































































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