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2020 Supreme(Bom) 1155

S.J.KATHAWALLA, RIYAZ I.CHAGLA
Audumber Narayan Wadadekar – Appellant
Versus
State of Maharashtra, Through the Department of Co-operation & Textiles, Mantralaya – Respondent


Advocates Appeared:
For the Petitioners:Sarang S. Aradhye, Advocate.
For the Respondents:Dr. Milind Sathe, Senior Advocate with P.P. Kakade, Govt. Pleader, M.P. Thakur, AGP, R3, Dilip Patil Bankar, R4, Mandar Limaye, R5, S.S. Kanetkar, Advocates.

JUDGMENT :

S.J. Kathawalla, J.

1. By the above Writ Petition, the Petitioners seek to challenge the Order dated 13th August, 2020 (Exhibit F page 31) (‘the Impugned Order’) passed by the Respondent No.3 – The Secretary, State Co-operative Election Authority, appointing Respondent No.2 – the Divisional Deputy Registrar, Co-operative Societies (Dairy), Pune Division, Pune, to hold an election to the post of Chairman of Respondent No.4 Society and a restraint order from holding the meeting of the Board of Directors of Respondent No.4 Society.

2. The Petitioner Nos.1 to 4 are four of the 17 Directors of the Respondent No.4 – The Solapur Zillah Dudha Utpadak Sangha, a Co-Operative Society, duly registered under the Co-operative Societies Act, 1960, which functions as per its byelaws. Respondent No.1 is the State of Maharashtra, through the Department of Co- Operation and Textiles, Mantralaya, Mumbai. Respondent No.2 is the Divisional Deputy Registrar, Co-operative Societies (Dairy)-Pune and is the District Co-Operative Election Officer. Respondent No.3 is the Secretary, State Co-Operative Election Authority - Pune, a statutory body duly established pursuant to the provisions of Section 73-

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