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2025 Supreme(Bom) 131

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AVINASH G. GHAROTE, ABHAY J. MANTRI, JJ
Prabhakar Uttamrao Zod – Appellant
Versus
The State Of Maharashtra – Respondent


Advocates Appeared:
Mr. S.P. Dharmadhikari, Senior Counsel a/b. Mr. S.M. Vaishnav, Counsel for the petitioners
in WP No.1568/2024 & W.P. No.1163/2024
Mr. M.V. Samarth, Senior Counsel a/b. Mr. V.P. Ingle, Counsel for the petitioners in WP No. 1437/2024
Mr. S.M. Ukey, Addl.G.P. for the respondents/State,
Mr. Sharad Thakare, Counsel h/f. Mr. S.J. Kadu, Counsel for respondent No.4 in WP No.1163/2024

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 (pg.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-opera

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