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BOMBAY HIGH COURT
A.V. Chandrachud, J
Manohar v. State of Maharashtra and Others
| Table of Content |
|---|
| 1. challenge to legal provision's validity (Para 1 , 2 , 3 , 4 , 5) |
| 2. violation of constitutional rights argued (Para 6 , 7 , 15 , 17 , 21) |
| 3. overview of cooperative societies regulation (Para 8 , 9 , 10 , 11 , 12 , 14 , 18 , 19 , 22) |
| 4. impugned provision's implications on rights (Para 13 , 16 , 20 , 23 , 24 , 26) |
| 5. final ruling and order of dismissal (Para 27 , 28) |
1. In this petition under Art.226 of the Constitution the validity of sub-section (5) of S.73 - A of the Maharashtra Co - operative Societies Act, 1960 (hereinafter referred to as "the Act) has been called in question.
2. S.73 - A of the Act was inserted in the Act by the Maharashtra Co - operative Societies (Second Amendment) Act, 1969 (Act No. XXVII of 1969), which came into force on July 1, 1971. Sub-section (5) of S.73 - A runs as under
"(5) No person shall be, or shall continue to be a designated officer of any society of any of the categories referred to in sub-section (2) for a consecutive period of more than six years, and at the expiration of that period any such person shall cease to be a designated officer of that society, and shall not be eligible for being re - elected or reappointed as a desig
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