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2019 Supreme(Bom) 2533

A.A.SAYED, M.S.KARNIK
Chandrashekhar M. Ghule Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :Aspi Chinoy, Senior Advocate, G.S. Kamble instructed by Bhushan V. Mahadik, A.Y. Sakhare, Senior Advocate, Joel J. Carlos and S.B. Talekar instructed by Talekar and Associates.
For the Respondents: S.U. Kamdar, Senior Counsel, Jyoti P. Jadhav, AGP, Bhushan Walimbe, Tejas Pawar and R.V. Govilkar.

JUDGMENT :

A.A. Sayed, J.

1. Civil Application No. 2670 of 2017 is taken out by the Applicant in Writ Petition No. 9550 of 2017 for impleadment and in the alternative for intervention. We allow the Civil Application to the extent of intervention by permitting the learned Counsel for the Applicant to canvass submissions.

2. The Writ Petitions are filed under Article 226 of the Constitution seeking a declaration that the amendment to section 88 of the Maharashtra Cooperative Societies Act, 1960 ("MCS Act" for short) vide the Maharashtra Cooperative Societies (Amendment) Act, 2017 (Maharashtra Act XXXIII of 2017), [For Amendment Act, refer 2017 (4) Mh.LJ. 32 (Journal Section)] (hereinafter referred to as 'the Amendment Act') is ultra vires and unconstitutional. By the Amendment Act, two provisos i.e. 3rd and 4th provisos are inserted to section 88(1) of the MCS Act providing for extension of the time by the Government on a report of the Registrar or suo moto, for completion of the inquiry proceedings by the Authorised Officer under the said section 88(1). The Writ Petitions also challenge the Government order dated 13-6-2017 granting extension of time to complete the inquiry which was be

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