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2023 Supreme(Bom) 648

ARUN R. PEDNEKER
Suman Vasant Kandharkar – Appellant
Versus
State of Maharashtra, Through its Secretary – Respondent


Advocate Appeared:
For the Petitioner: Ms. Komal Kandharkar
For the Respondent:Mr. D. R. Kale, Advocates, for. V. D. Sapkal, Senior Advocate a/w. Mr. Abhishek Patil, i/b. Mr. M. G. Sansare, Mr. B. R. Kedar

JUDGMENT :

1. Heard.

2. By the present writ petition the petitioners are challenging the order dated 10.06.2022, passed by the Hon’ble Minister whereby the Hon’ble Minister was pleased to allow the revision petition filed by respondent no.6 herein and set aside the disqualification orders passed by the lower authorities i.e. Respondent No.4 / Joint Registrar dated 07.01.2022 & Respondent No.5 / Deputy Registrar dated 29.01.2021 and by the impugned order the Hon’ble Minister has held that respondent no.6 is not a defaulter of the respondent no.7 – housing society and thus not disqualified to be the member of the managing committee of the respondent no.7 – housing society.

3. The issue involved in the present writ petition is, whether respondent no.6 is disqualified under Section [73CA](1)(e) of the Maharashtra Co-operative Societies Act, 1960 read with Rule 58 of the Maharashtra Co-operative Societies Rules, 1961, to be the member of the respondent no.7 committee, being a defaulter of the respondent no.7 housing society. The brief facts giving rise to filing of the present writ petition can be summarized as under.

4. Respondent no.6 - Mr. Piyush Sethi is the member of respondent no.7 ho

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