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2022 Supreme(Bom) 1045

M.G.SEWLIKAR, R.D.DHANUKA
Vikram Dhondiram Raskar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vaibhav V. Ugle, Vikas B. Somawanshi, Roshan M. Chavan
For the Respondent: Ms. Kavita N. Solunke, Mr. Umesh R. Mankapure, Mr. Abhijit Desai

JUDGEMENT :

M. G. SEWLIKAR, J.

1. Rule. Rule made returnable forthwith. With the consent of the parties taken up for final hearing.

2. In this Writ Petition, the petitioners are seeking declaration under Articles 226 and 227 of the Constitution of India that the entire selection process pursuant to the advertisement dated 5th March, 2019 including short-listing of the candidates and their consequential appointments are illegal and bad in law and for setting aside these appointments with further directions to Respondent Nos.1 & 2 to conduct and complete the enquiry under Section 79A of the Maharashtra Co-operative Societies Act, 1960.

3. The facts in a nutshell can be stated thus :

Respondent No.1 is the State of Maharashtra. Respondent No.2 is the Commissioner for Co-operation & Registrar, Co-operative Societies, Maharashtra State. Respondent No.3 is the District Deputy Registrar, Co-operative Societies (DDR), Sangli, who has the power of superintendence over Respondent No.4 Bank. Respondent No.4 is a Co-operative Bank registered under the provisions of the Maharashtra Co-operative Societies Act, 1960.

4. The allegations made by the petitioners are that on 5th March, 2019, an advertiseme

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