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2022 Supreme(Bom) 785

AMIT BORKAR
Aniruddha Subhanrao Deshmukh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M. V. Samarth, Mr. V. P. Ingle
For the Respondent: Ms. H. Jaipurkar, Mr. J. B. Kasat

JUDGEMENT :

1. Heard.

2. Rule. Rule made returnable forthwith by consent of the parties.

3. By this Writ Petition under Article 226 of the Constitution of India, the petitioners are challenging common order dated 06.09.2017 passed by respondent No.1 dismissing the Revision Application under Section 154 of the Maharashtra Co-operative Societies Act, 1960 challenging the order of disqualification under Section 73CA, an order imposing fine under section 79(3) and direction under section 79 of the Maharashtra Co-operative Societies Act, 1960.

4. The facts giving rise to the present petition are as under :

    Undisputedly, the petitioners are the Managing Committee Members of the District Central Cooperative Bank, who at the relevant time was specified Society under Section 73G of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as ‘the said Act’). There was some litigation in relation to appointment of the Administrator wherein the petitioners got protection from this Court restraining the Authorities from appointing the Administrator.

5. On 30.09.2016, the Divisional Joint Registrar, Co-operative Societies, in the exercise of purported power under Section 79(1) of the

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