BOMBAY HIGH COURT
A.V. Chandrachud, J
Manohar v. State of Maharashtra and Others
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 designated officer, until a period of three years has elapsed after the expiry of the aforesaid period of six years. Explanation : For the purposes of this sub-section -
(a) in calculating the consecutive period of six years in office, any period for which the person concerned may have been such officer, before the commencement of the Maharashtra Co - operative Societies (Second Amendme
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