Allowed

Angad Laxman More and Anr. v. the State of Mah and Ors.

Bombay HC8 May 2012WP/4531/2010

Case brief

AI extract

What is this about?

Three writ petitions challenged specific bye-laws of cooperative societies as illegal. The Bench noted prior orders and a circular from the Commissioner for Cooperation directing deletion of said clauses. The Court directed the society to amend bye-laws in compliance with the circular.

What did the court decide?

Direction to the society to amend bye-laws in compliance with the circular of the Commissioner for Cooperation.

Angad Laxman More and Anr. Vs the State of Mah and Ors. — Cooperative Societies | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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WRIT PETITION NO.4531 OF 2010

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1) Angad s/o Laxman More, R/o-Kari, Tq-Dharur, Dist-Beed, 2) Chandrakant s/o Shrimant Pokale, R/o-Bodka, Tq-Dharur, Dist-Beed. ...PETITIONER.

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VERSUS

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1) The State of Maharashtra, Through Secretary, Co-operative Department, Mantralaya, Mumbai,

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2) The Divisional Joint Registrar, Co-operative Societies, Latur Division, Latur, 3) The District Deputy Registrar, Co-operative Societies, Beed, Tq. & Dist-Beed. 4) Assistant Registrar, Co-operative Societies, Dharur, Tq-Dharur, Dist-Beed, 5) Vividh Karyakari Seva Sahakari Society Ltd., Kari, Tq-Dharur, Dist-Beed, Through its Secretary, 6) The Election Officer, Vividh Karyakari Seva Sahakari Society Ltd. Kari, Tq-Dharur, Dist-Beed,

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7) Anant s/o Shamrao More, R/o-Kari, Tq-Dharur, Dist-Beed.

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...RESPONDENTS.

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 ...
 Shri.Abhijit Choudhari Advocate h/f. Shri.
 D.J. Choudhari Advocate for Petitioners.
 Shri.V.G. Shelke, A.G.P. for Respondent
 Nos. 1 to 4 and 6.
 Shri.P.M.Shinde Advocate for Respondent No.5.
 Shri.V.D. Hon Advocate for Respondent No.7.
 ...

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WITH

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 WRIT PETITION NO.4698 OF 2010

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Bandu s/o Baburao Gadekar,
R/o-Karanjgaon, Tq-Vaijapur,
Dist-Aurangabad.

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...PETITIONER.

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 VERSUS

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1) The State of Maharashtra,

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Through Secretary, Co-operation and Textile Dept., Mantralaya, Mumbai,

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2) The Divisional Joint Registrar, Co-operative Societies, Aurangabad,

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3) The Assistant Registrar, Co-operative Societies, Gangapur,

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4) The Secretary, Vividh Karyakari Seva Sahakari Sanstha Ltd., Karanjgaon, Tq-Vaijapur, Dist-Aurangabad.

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5) The Returning Officer for
 Elections to Karanjgaon Vividh
 Karyakari Seva Sahakari Sanstha Ltd.,
 Karanjgaon, Tq-Vaijapur, Dist-Aurangabad,

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...RESPONDENTS.
 ...
 Shri.S.S. Thombre Advocate for Petitioner.
 Shri.V.G. Shelke, A.G.P. for Respondent
 Nos. 1 to 3 and 5.
 ...

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 WITH

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WRIT PETITION NO.4870 OF 2010

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Sanjay s/o Shridharrao Sanap,
R/o-Raymoha, Tq-Shirur(K),
Dist-Beed.
...PETITIONER.

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 VERSUS

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1) The State of Maharashtra, Through Secretary, Co-operation and Textile Dept., Mantralaya, Mumbai,

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2) The Divisional Joint Registrar, Co-operative Societies, Latur,

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3) The Assistant Registrar, Co-operative Societies, Shirur(K),

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4) The Secretary, Vividh Karyakari Seva Sahakari Sanstha Ltd., Raymoha, Tq-Shirur, Dist-Beed,

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5) The Returning Officer for Elections to Vividh Karyakari Seva Sahakari Sanstha Ltd., Raymoha, Tq-Shirur, Dist-Beed.

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...RESPONDENTS.

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 ...
 Shri.S.S. Thombre Advocate for Petitioner.
 Shri.P.P. More, A.G.P. for Respondent
 Nos. 1 to 3 and 5.
 Shri. Sachin S. Deogude Advocate for
 Respondent No.4.

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...

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CORAM: NARESH H. PATIL AND
 S.B. DESHMUKH, JJ.

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 DATE : 8TH MAY, 2012.

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ORDER [PER NARESH H. PATIL, J.] :

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1.The Petitioners seek a declaration that

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the bye-laws framed by the society being bye law
Nos. 9(5), 9(6) and 9(7) are illegal and contrary
to the provisions of Section 73-B(3) of the
Maharashtra Co-operative Societies Act, 1960.

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2. The learned A.G.P. submits that in view

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of the orders passed in various Writ Petitions by

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this Court, the Commissioner for Cooperation,
Maharashtra State, Pune, by circular dated 15th
April, 2011, intimated for deleting clauses 9(5),
9(6) and 9(7) from the model bye-laws and bringing
certain changes into other clauses of the model
bye-laws. The A.G.P. submits that said circular is
applicable even to the Respondents.

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3.We have perused the order passed in the
batch of Writ Petitions being Writ Petition No.
1705 of 2011 and others, dated 16th September,
2011 (CORAM: B.R. GAVAI AND M.T. JOSHI, JJ.), the
order passed in batch of Writ Petitions being Writ
Petition No.9387 of 2010 and others, dated 5th
October, 2011 (CORAM: NARESH H. PATIL & T.V.
NALAWADE, JJ.) and order passed in Writ Petition
No.4497 of 2010 with Writ Petition No.4712 of
2010, dated 24th April, 2012 (CORAM: NARESH H.
PATIL & S.B. DESHMUKH, JJ.).

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In case the bye-laws are not amended as

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4.

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per the communication/circular by the Commissioner
for Cooperation, then we direct the authority
concerned, to do the needful at the earliest and
intimate the compliance to the Commissioner for
Cooperation, Maharashtra State, Pune.

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5.Rule is made absolute in the above terms,
in Writ Petition No.4531 of 2010. Writ Petition
Nos.4698 of 2010 and 4870 of 2010 are disposed of

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accordingly.

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[S.B. DESHMUKH, J.] [NARESH H. PATIL, J.]
asb/MAY12

Angad Laxman More and Anr. v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Angad Laxman More and Anr. v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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