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2022 Supreme(Bom) 632

A.K.MENON
Shripad Srivallabh Devasthan Trust, A Public Trust constituted under The Indian Trust Act, 1882 – Appellant
Versus
State Of Goa, Through the Chief Secretary – Respondent


Advocate Appeared:
For the Appellant :Mr. Sudesh Usgaonkar and Ms. Marie Rosette Pereira, Advocates
For the Respondent:Mr. J. J.Mulgaonkar, Mr. Nigel Da Costa Frias and Mr P. Bazilio, Mr. D. Shirodkar, Addl. Govt. Advocate

JUDGMENT :

1. These petitions being called for admission are taken up for final hearing and disposal upon the consent of the parties. Accordingly, issue Rule, returnable forthwith. It would be appropriate to set out a few facts as appearing in Writ Petition No. 42 of 2022.

2. The Petitioner is a public Trust constituted under the Deed of Trust dated 12.4.2006 registered with Sub Registrar of Salcete. It is represented by its Chairperson and Trustees in terms of Clause 30 of the Deed. The Petitioner challenges an order dated 28.1.2022 passed by the Assistant Registrar of the Co-operative Society. It pertains to objection/omission of Petitioner to the list of voters of the respondent no.3 Cooperative Society which would have enabled the Petitioner to participate in the Election of the Board of the respondent no.3.

3. The gravamen of the petitioner's grievance is that its name was included in the Society's voters list and therefore enabled to participate in the election by order dated 18.1.2022. This was thereafter reversed on 28.1.2022 without authority in law.

4. In village Curtorim there exists a plot of land comprised of four inter connected parts under survey nos. 330/1 and 330/3 adm

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