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2023 Supreme(Bom) 1871

MILIND N. JADHAV
Reuben Alphonso – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Nigel Quraishy a/w Mr. Dushyant Krishnan, for the Petitioners; Mr. Milind More, Addl. G.P. for the Respondent.

JUDGMENT

1. Heard Mr. Quraishy, learned Advocate for Petitioners and Mr. More, learned Addl. G.P. for Respondent Nos. 1 to 3.

2. This Petition is filed under Article 226 of the Constitution of India taking exception to an order dated 06.04.2023 passed by Respondent No. 3 - Deputy Registrar Co-operative Societies disqualifying three freshly elected members of the Managing Committee for a period of five years by accepting the inquiry report under Section 83 and 88 of the Maharashtra Co-operative Societies Act, 1960 (for short 'the said Act') but without giving any reasons.

3. Briefly stated the facts are outlined herein under:-

3.1. Petitioner Nos. 1, 2 and 3 are members of Kendwell Coop. Housing Society Ltd who are duly elected in the election held by the Returning Officer on 18.01.2023 and declared as office bearers on 10.02.2023. Grievance in the Petition is that Respondent No. 4 appointed as Administrator in 2021 has still continued as Administrator of the Society. Serious complaints and averments against the Administrator are made in the Petition which are adverted to later.

3.2. Three Petitioners along with 5 other Managing Committee Members were appointed as the elected Managing Co

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