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2023 Supreme(Bom) 19

ARUN R. PEDNEKER
Janabai w/o Gondu Mahajan – Appellant
Versus
District Co-operative Election Authority and the Divisional Joint Registrar, Co-operative Societies Nashik Division, Nashik – Respondent


Advocates Appeared:
For the Petitioner: Mr. V. D. Hon, Senior Adv. h/f. Mr. A.V. Hon.
For the Respondents: Mr. V. H. Dighe, Mr. V.D. Salunke h/f. Mr. P.V. Barde.

JUDGMENT :

1. The Petitioner challenges the impugned order dated 19.12.2022, passed by Respondent No.1/The District Co-operative Election Authority and the Divisional Joint Registrar, Cooperative Societies Nashik Division, Nashik, whereby he has allowed the application of Respondent No.3 and disqualified the petitioner as managing committee member of the Jalgaon District Central Co-operative Bank Limited, Jalgaon (hereinafter referred to as “Bank”) and also disqualified the Petitioner from contesting elections of the Bank for a period of 3 years by exercising of the powers under Rule 66 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 (hereinafter referred to as “Election Rules 2014”).

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

3. Heard Mr. V. D. Hon, Senior Advocate holding for Mr. A. V. Hon, learned Advocate for the Petitioner, Mr. V. H. Dighe, learned Advocate for Respondent Nos.1 and 2 and Mr. V. D. Salunke, learned Advocate holding for Mr. P. V. Barde, learned Advocate for Respondent No.3.

4. Brief facts giving rise to the Writ Petition can be summarized as under:-

    [i] That the ge

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