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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.Sonak, Jitendra Jain, JJ.
Meenakshitai Arjunrao Watti – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
M.S. Sonak J.
1. Heard learned counsel for the parties.
2. Rule. At the request of and with the consent of the learned counsel for the parties, the Rule is made returnable immediately. Even otherwise, there are orders posting this matter for final disposal.
3. The petitioners at the time of the institution of this petition were the Directors of the Maharashtra State Cooperative Tribal Development Corporation Limited, Nashik (Respondent No.2) (“Corporation”). This is a society registered under the Maharashtra Co-operative Societies Act, 1960 (“MCS Act”) and is concerned with the welfare of the tribals.
4. The petitioners have pleaded that in terms of the bye- laws of the Corporation, its affairs are controlled and managed by the board of directors comprising 36 directors. The petitioners have pleaded that the State Legislature passed the Maharashtra State Cooperative Societies (Amendment)Act, 2013, effective 14 February 2013. By Section 30 of this Amendment Act of 2013, Section 73AAA was inserted. The first proviso to Section 73AAA (1) restricts the maximum number of directors in the Cooperative society to 21.
5. Mr Sandeep Salunkhe, learned counsel for the petitioners, submitt
The restriction on the number of directors in cooperative societies to 21 under Section 73AAA of the MCS Act is constitutional and does not violate Articles 14 or 19(1)(c) of the Constitution.
The restriction on designated officers serving beyond six years under Section 73-A(5) of the Maharashtra Co-operative Societies Act is constitutionally valid as it promotes democratic governance and ....
The directives issued by the Reserve Bank of India (RBI) under Section 110A(1)(iii) of the Maharashtra Co-operative Societies Act, 1960 (MCS Act) are mandatory and binding on the Registrar of Co-oper....
The court declared Section 28(2A) of the Kerala Co-operative Societies Act, 1969 unconstitutional for violating democratic control and autonomy principles, affirming the right to form associations un....
Deliberate and wilful disobedience of the court's order and wanton violation of statutory provisions in the Bye-law amended.
The amendment allowing nomination of women to co-operative committees is constitutional, reinforcing women's participation while affirming that election is not the exclusive method for committee form....
Legislative amendments to cooperative laws, ensuring deemed membership and equitable treatment among societies, upheld as valid under constitutional provisions, without infringing on court decisions.
The court established that State legislation under the Maharashtra Co-operative Societies Act can apply to banking cooperatives without infringing on Central jurisdiction, affirming the dual regulato....
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