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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
PRAFULLA S. KHUBALKAR
Shashikant Balkrushna Gaikwad – Appellant
Versus
Hon’ble Minister, Co-operation Department – Respondent
| Table of Content |
|---|
| 1. disqualification criteria under maharashtra cooperative societies act. (Para 3 , 4) |
| 2. court's consideration of disqualification under section 73ca. (Para 9 , 21 , 24) |
| 3. petitioner’s arguments against disqualification under section 73a. (Para 10 , 12 , 15) |
| 4. doctrine of merger and its application in challenging findings. (Para 27 , 28) |
| 5. conclusion and dismissal of the writ petition. (Para 33 , 34) |
JUDGMENT :
Prafulla S. Khubalkar, J.
Heard ShriM.G.Bhangde, learned Senior Advocate for the petitioner, Ms P.C. Bawankule, learned Assistant Government Pleader for the respondent nos.1 to 3, Shri C.S. Kaptan, learned Senior Advocate for the respondent no.4 and Shri A.D. Gabhane, learned counsel for the respondent no.5.
2. While advancing submissions on the application for vacation of interim relief, the counsel for the respective parties have advanced their arguments for final disposal of the writ petition at the stage of admission. Hence, RULE. Rule made returnable forthwith.
3. The controversy in the present petition arises from the challenge to disqualification of the petitioner as a Member of respondent no.5–Akola Zilla Parishad Prathamik Shikshak Sahakari Pat Sanstha L
Disqualification under the Maharashtra Cooperative Societies Act requires clear evidence of holding dual designated officer positions, failing which challenges under subsequent provisions may lead to....
If in opinion of Registrar, any officer makes persistent default or is negligent in performance of duties imposed on him by this Act or rules or byelaws or does anything which is prejudicial to inter....
The main legal point established in the judgment is that the by-law no.44(5) was not inconsistent with the provisions of the Maharashtra Cooperative Societies Act, 1960, and the petitioner had alread....
The main legal point established in the judgment is the likelihood of conflict between the duties of a Director on the Board of a Co-operative Society and the pecuniary interest of the individual, an....
The Registrar must consider the reasonability of the excuse offered by the affected party before imposing disqualification or penalty under Section 75 (5) of the Act, 1960.
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
Complaints regarding pre-election disqualification must be reviewed under Section 58 of the Act, not Section 28(13).
In some very rare and exceptional cases, the High Court may quash a show-cause notice if it is found to be wholly without jurisdiction or for some other reason, if it is wholly illegal. However, ordi....
Voluntary resignation or merger with another party, as per the Defection Act, leads to disqualification, regardless of subsequent actions or acceptance of resignation.
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