The disqualification was incurred by the fourth respondents under bye-law No. 45(1)(n) of the said bye-laws, and the subsequent replenishment of the deposits did not reverse the disqualification already incurred.

JUDGMENT

1. Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for the rival parties.

2. The question that arises for consideration in these petitions is, as to whether the petitioner is justified in claiming that the fourth respondents in these petitions had incurred disqualification from continuing as Members of the Executive Committee/Board of Directors of the respondent No.3 - Bhandara Urban Cooperative Bank Limited, by operation of Bye-law Nos. 40 and 45 of the Bye-laws of the said Co-operative Bank.

3. On a complaint lodged by the petitioner, who himself was elected as Member of the Executive Committee and Director of the respondent No.3 - Co-operative Bank, on 07/07/2015, for a period of five years, the respondent No.2 - Divisional Joint Registrar, Co-operative Societies, held that the fourth respondents in these petitions had incurred disqualification and accordingly passed orders disqualifying them from continuing as Members of the Executive Committee/Directors. Aggrieved by such orders passed by the respondent No.2, the fourth respondents in these petitions filed revision petitions before the respondent No.1 - State. The revision petitions were allowed and the orders of disqualification were quashed and set aside.

4. Aggrieved by the said orders passed by the Hon'ble Minister for the State of Maharashtra, the petitioner filed these petitions, wherein notices were issued for final disposal. The respondents entered appearance through counsel and the petitions were taken up for hearing.

5. The petitioner and fourth respondents in these petitions were elected on 07/07/2015, as Members of the Executive Committee/Directors of the respondent No.3 - Co-operative Bank for a period of five years. The aforesaid period expired in July, 2020, but, by operation of Section 73(AAA)(3) of the Maharashtra Co-operative Societies Act, 1960 (Act of 1960), the elected members continued as members and office bearers of the Committee. It was during such period that the petitioner submitted representations/applications before the respondent No.2 - Divisional Joint Registrar of Co-operative Societies for disqualification of the fourth respondents in these petitions, for having incurred disqualification under the bye-laws of respondent No.3 - Co-operative Bank. Upon the fourth respondents in these petitions being put to notice, they appeared before the respondent No.2. The contention of the petitioner against the fourth respondents was that since they had fallen foul of bye-law 45(1)(n) of the bye-laws of the respondent No.3 - Co-operative Bank, they had incurred disqualification, as they had failed to maintain deposits as per bye-law No. 40 of the aforesaid bye-laws. The petitioner had also claimed that the fourth respondents had incurred disqualification for having failed to join monthly board meetings. But, in the present petitions, the said ground is not the bone of contention and the only ground pressed on behalf of the petitioner pertains to disqualification incurred by the fourth respondents under bye-law No. 45(1)(n) of the said bye-laws.

6. In terms of the replies filed by the fourth respondents and the material placed on record before the respondent No.2, it was found that at the relevant point in time the fourth respondents had indeed failed to maintain deposits as specified in bye-law No.40 of the aforesaid bye-laws. Although later the short fall was made good, it was found that the fourth respondents had incurred disqualification. On this basis, by orders dated 19/03/2021, the respondent No.2 disqualified the fourth respondents from continuing as Members of the Executive Committee/Directors of the respondent No.3 - Co-operative Bank.

7. Aggrieved by the said orders passed by the respondent No.2, the fourth respondents filed revision petitions before the respondent No.1 - State, which