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2019 Supreme(Bom) 2551

M.S.SONAK, NUTAN D.SARDESSAI
Rajkumar Shankar Desai – Appellant
Versus
Registrar of Co-op. Societies, Dept. of Co-operation – Respondent


Advocates Appeared:
For the Appellant : Vishnuprasad Lawande and Parimal Suresh Redkar.
For the Respondents:D.J. Pangam, Advocate General, Deep Shirodkar, Addl. Government Advocate and Prasanna Chandiker.

ORDER :

1. Heard Mr. Lawande, learned Counsel for the petitioners. Mr. D. Pangam, learned Advocate General along with Mr. Deep Shirodkar, Addl. Government Advocate for respondent Nos. 1 and 2, Mr. Prasanna Chandikar, learned Counsel for respondent No. 4.

2. The challenge in this petition is to the list of valid nominations dated 09.08.2019 in relation to the elections of the Board of Directors of the Goa State Co-operative Bank Ltd. (GSCBL). In the alternate, the petitioners seek for appropriate writs, orders or directions to direct the respondent Nos. 1 and 2 to accept their nomination papers, which according to him have wrongfully been rejected and to further, reject the nomination paper of respondent No. 4 which, according to them has been wrongfully accepted.

3. Mr. Lawande, learned Counsel at the outset pointed out that part DOB of the Constitution which has made special provisions in relation to Co-operative Societies, does not have any provision akin to Article 243(Z)(G) or Article 243-O, which relates to bar to interference by Courts in electoral matters concerning Municipalities and Panchayats. He points out that a provision like Article 329-A which relates to bar to interfer

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