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2022 Supreme(Bom) 1627

SANDEEP K. SHINDE
Yuvraj Datajirao Patil – Appellant
Versus
District Deputy Registrar Co-op. Societies, Kolhapur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Y.S.Jahagirdar, Senior Advocate with Mr. S.S.Shah
For the Respondent: Mrs. M.S.Srivastava, AGP, Mr. Prashant Bhavake with Mr. Utkarsh Desai

JUDGMENT :

Rule. Rule made returnable forthwith. With consent of the parties, petition is taken up for final hearing.

2. By impugned orders, Petitioner was held ineligible, to be re-elected, re-co-opted or re-nominated as a, member of Managing Committee of Shetkari Sahakari Sangh, Respondent No.4, for a term of five years. Thus, this Petition under Article 227 of the Constitution of India.

3. In brief, facts of the case are like this;

In the year, 2015, Petitioner was elected as member of Board of Directors, of Shetkari Sahakari Sangh (Respondent No.4). Though Respondent No.2 had contested the election, he was defeated. On 5th May, 2017, Respondent No.2 moved an application to seek disqualification of the Petitioner, on the ground that the Petitioner and his son had obtained loan of Rs.15 Lakhs on 27th March, 2012 from Kolhapur District Cooperative Agriculture and Rural Development Bank but defaulted installments of the loan. He produced recovery certificate dated 4th May, 2017, issued under Section 137(1) of the Maharashtra Co-operative Societies Act, 1960 (‘MCS Act’ for short) against the petitioner and his son. Whereupon, the District Deputy Registrar issued show-cause notice on 11t

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