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2019 Supreme(Bom) 1150

R.D.DHANUKA
Ponvel Nadarajan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Respondent: Mr. Ponvel Nadarajan.
For the Respondent: Mr. Manish Upadhye, Assistant Government Pleader, Mr. Vishal C. Ghosalkar, Mr. N.N. Bhadrashete with Ms.Priyanka Bhadrashete.

JUDGMENT :

1. By this petition filed under Article 226 of the Constitution of India, the petitioners have impugned the order dated 20th April, 2019 passed by the learned Deputy Registrar, respondent no.2 appointing the respondent no.3 as an authorized officer under section 77(A) of the Maharashtra Co-operative Societies Act, 1960 (for short “MCS Act”) and further seeks to challenge the order dated 29th May, 2019 passed by the Tahsildar and Executive Magistrate, respondent no.5 under section 80(2) of the MCS Act. Some of the relevant facts for the purpose of deciding this petition are as under :

2. The petitioners claimed to be the members of the Managing Committee of the respondent no.4 society. The petitioners claimed to have been elected as the Managing Committee members by General Body of the respondent no.4 on 1st December, 2018 for the tenure of five years from 2018 till 2023.

3. Some time in the year 1987, the respondent no.4 society was registered under the provisions of MCS Act as “General Society” with 16 members. It is the case of the petitioners that the object of the respondent no.4 society was to procure piece and parcel of the land and to divide and allot the plot of lan

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