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2022 Supreme(Bom) 1690

SANDEEP V. MARNE
Pravin Indarchand Jain – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Patil Vijay B.
For the Respondent: Mr. K.N.Lokhande, Mr. M.V. Salunke h/f V.D.Salunke, Mr.R.N.Dhorde (Senior Counsel) a/w Mr.P.S.Dighe and Mr.V.R.Dhorde

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. Rule made returnable forthwith. With the consent of the learned Advocates for the respective parties, heard finally at the state of admission.

THE CHALLENGE

2. Petitioner assails the order dated 29.04.2021 passed by the Divisional Joint Registrar of Co-Operative Societies, Nashik, Division Nashik (for short the ‘DJR’) passed in Appeal A-30/2020, by which the DJR has set aside the order darted 01.12.2020 passed by the District Deputy Registrar (for short the ‘DDR’) disqualifying respondent Nos. 4 to 7 as representatives of Managing Committee of Mahavir Nagari Sahakari Patpedhi Maryadit Chopda (for short ‘Mahavir Society’).

FACTUAL MATRIX

3. Mahavir Society is a registered Co-Operative Society under the provisions of the Maharashtra Co-Operative Societies Act, 1960 (for short the ‘Act 1960’). Petitioner claims to be a member of the Mahavir Society. He filed complaints before the DDR on 30.01.2020 and 06.03.2020 seeking disqualification of respondent Nos. 4 to 7, inter-alia on the ground that they were defaulters. A show cause notice was issued to respondent Nos. 4 to 7 on 26.08.2020, calling upon them to explain as to why they should not be disquali

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