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2021 Supreme(Bom) 1215

M.S.SONAK
Ankush Bagkar – Appellant
Versus
Registrar Of Coop Societies, Govt Of Goa – Respondent


Advocates appeared:
Nitin Sardessai, Advocate, Gaurang Panandikar, Advocate, Ankta Kamat, Advocate, Vithal Naik, Advocate

JUDGMENT

M S Sonak, J. - Heard Mr.Nitin Sardessai, the learned Senior Advocate who appears along with Mr. Gaurang Panandikar for the Petitioners, Ms.Ankita Kamat, learned Addl. Govt. Advocate for Respondents No.1 and 2 and Mr. Vithal Naik for Respondent No.4.

2. Rule. The rule is made returnable forthwith with the consent of and at the request of the learned Counsel for the parties.

3. The Petitioners challenge the Judgment and Order dated 30/4/2021, made by the Co-operative Tribunal, Goa in Co-operative Appeal No.5/2020, holding that the Returning Officer's order dated 13/6/2019, rejecting the nomination papers of Respondent No.4 seeking election to the Board of Directors of the Sahakar Urban Credit Cooperative Society Ltd. (Society), was improper and setting aside the same. As a consequence, the Cooperative Tribunal (Tribunal) set aside the elections of the Petitioners herein, who are declared elected unopposed and directed Respondent No.1 herein to hold fresh elections in accord with the law, as expeditiously as possible.

4. The Registrar of Cooperative Societies, vide notice dated 30/5/2019, published the program to elect the Board of directors of the Society. The Petitioners and R

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