IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
AVINASH G. GHAROTE, ABHAY J. MANTRI
Prabhakar Uttamrao Zod – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
AVINASH G. GHAROTE, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsels for the parties.
2. The respondent Nos. 6 and 7, have filed a pursis on record dated 12/08/2024, in terms of which, it has been stated that they do not wish to contest the claim of the present petitioners and want their names to be deleted from the array of respondents, on account of which none appears for them.
3. Writ Petition No. 1568/2024 challenges the minutes of the special meeting dated 04/01/2024 (Page 138), in which the Motion of No Confidence raised in pursuance to a requisition given by the committee members has been passed and the petitioners have been removed as members of the Managing Committee on that count. It is also necessary to note that challenge to the constitutional validity of the provisions of the Maharashtra Co-operative Societies Act, 1960 as raised in this petition, the same was given up, which stands recorded in the order dated 06/08/2024.
4. Mr. S.P. Dharmadhikari, learned Senior Counsel with Mr. S.M. Vaishnav, learned Counsel for the petitioners invites our attention to the provisions of Section 73-1D(1) of the Maharashtra Co-ope
Vipulbhai M. Chaudhary Vs. Gujarat Cooperative Milk Marketing Federation Limited and others
A Motion of No Confidence against a Managing Committee member must be considered by the Committee itself, not the Electoral College, as per the Maharashtra Co-operative Societies Act.
A Motion of No Confidence against a member of the Managing Committee must be considered and voted on by the Managing Committee itself, not by the Electoral College.
The enforcement of a no-confidence motion against a managing committee is valid under the Kerala Co-operative Societies Act, despite the absence of specific procedural rules, reinforcing the democrat....
Mere fact that the motion for no-confidence was passed pending the writ petition would not stand in the way of this Court considering the challenge against the validity of the convening of the Specia....
The President's presence was not essential in the special meeting for a motion of no confidence, and the calculation of majority was clarified by the court.
The main legal point established in the judgment is that the 'Motion of No Confidence' must fulfill the mandatory requirements set out in Section 35 of the Maharashtra Village Panchayats Act, 1959, a....
Rule 14 – AKK of Rules, 1960 reads as no Confidence Motion.
The statutory provisions governing cooperative societies, specifically Section 59A of the Goa Cooperative Societies Act, 2001, take precedence over conflicting bye-laws, ensuring democratic principle....
A no-confidence motion against a municipal Vice-Chairperson is valid without the necessity of specific reasons in the resolution, and adherence to statutory notice requirements fulfills procedural ju....
Rule 43 of 1971 Rules provides as removal, expulsion etc. of Chairman, Committee-members and other elected officers.
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