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2022 Supreme(Bom) 1566

SANDEEP K. SHINDE
Kusum Ramesh Agarwal – Appellant
Versus
Hon’ble State Minister for Co-operation, Department of Co-operation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Subhash Jha, Manshi Jain, Usha Tiwari.
For the Respondents: V.S. Nimbalkar, Surel Shah, Atul Thakkar, Pratibha Mehta.

JUDGMENT :

SANDEEP K. SHINDE, J.

1. Rule. Rule made returnable forthwith. With consent of the learned counsel for the Parties, Petition is taken up for final hearing.

2. Petitioners were office bearers of Poonam Chambers, B Wing, Commercial Premises Co-operative Society Limited (‘Society’ for short). The Deputy Registrar, Co-operative Societies-Respondent No. 3, in exercise of the powers under Section 78A(1)(b), of the Maharashtra Co-operative Societies Act, 1960 (‘Act’ for short) removed the petitioners as members of the committee of the society and held them not be eligible to be re-elected, re-co-opted or re-nominated, as member of any committee of the society till expiry of the period till next term of the committee. Simultaneously, Deputy Registrar appointed Shri Ananda Patil, Authorised Officer to administer the affairs of the said Society. Later, on 11th January, 2022, committee of Shri Chirag Shah (Respondent No. 6), Shri Mahavir Murarka (Respondent No. 7) and Mr. Anand Patil (Authorised Officer) Respondent No. 5, was constituted to manage the affairs of society.

3. In Appeal under Section 152 of the Act, the Divisional Joint Registrar, vide order dated 2nd June, 2022 and in Re

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