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2021 Supreme(Bom) 92

R.D.DHANUKA, V.G.BISHT
Arun Yashwant Kulkarni – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Satish B. Talekar a/w. Madhavi Ayyapan i/b. Talekar & Associates, Advocates
For the Respondents:A.A. Kumbhakoni, A.G. a/w. P.P. Kakade, Government Pleader a/w. Akshay Shinde, “B” Panel Counsel, A.A. Alaspurkar, Advocate, R3, Deelip Patil Bankar, Chief Standing Counsel.

JUDGMENT :

V.G. Bisht, J.

1. Rule. Rule made returnable forthwith. By consent of parties, heard finally at the stage of admission.

2. By this writ petition under Article 226 of the Constitution of India, the petitioner has approached this Court with following prayers :

    “PRAYERS

A. To hold and declare that proviso to Section 73AAA (3) and proviso to Section 73(CB)(15) of the Maharashtra Co-operative Societies Act, 1960 as inserted by the Maharashtra Ordinance No.XII of 2020 (Exhibit “K”) is ultra-vires Articles 14, 19(1) (c), 243-ZJ and 243ZK of the Constitution of India;

B. To direct the respondents to appoint administrators or Committee of Administrators to manage the affairs of all such cooperative societies in Maharashtra terms of which have expired, by issuing a writ of mandamus or any other appropriate writ, order or direction, as the case may be;

C. To quash the impugned order dated 17.06.2020 issued by the Under-Secretary, Cooperation, Marketing and Textiles Department, Mantralaya, Mumbai-32 (Exhibit “J”), by issuing a writ of certiorari or any other appropriate writ, order or direction, as the case may be.

G. To hold and declare that proviso to Section 73AAA(3) and proviso to Sec

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