Swargiya Chandrappa More Sahakari Dudh Vyavsayik Sanstha Maryadit Boriwade Thr. Its Chairman vs the State of Maharashtra Thr Its Principal Secretary and Others

validity of an undated administrative direction/order issued by the Hon’ble Minister, Dairy Development Department, whereby liquidation proceedings against a large number of co-operative milk societies were directed to be kept in abeyance.

¶91

The Petitioner contends that approximately 1108 societies were subjected to liquidation proceedings under the provisions of The Maharashtra Co-operative Societies Act, 1960, the impugned

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direction is undated, and not referable to any statutory provision; the same was issued on the basis of a letter addressed by respondent no. 5, by virtue of such direction, above referred societies, otherwise ineligible, are attempted to be included as a member in the ensuing elections of respondent no. 4.

¶96

In backdrop of the aforesaid facts, the Learned Counsel for the Petitioner submits that the impugned order/direction under challenge is bad in law and is passed in excess of jurisdiction. It is further submitted that the same is in gross violation to the by-laws of respondent no. 4 vis-a-vis the Article 166 of the Constitution of India.

¶97

During the course of submissions, learned senior Counsel Mr. Sakhare for the Respondent no. 5 has made a statement across the bar and fairly conceded to the unsustainability of the order under challenge.

¶98

When confronted with same, the learned AGP for the respondent nos. 1 to 3, has adopted the submissions of Respondent No. 5 and prayed to pass an appropriate orders.

¶99

Having heard the submissions from the respective sides, the impugned direction/order lacks individual consideration and

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statutory sanction.

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Be that as it may. Given that the contesting respondents have fairly conceded to the unsustainability of the impugned direction/order, deserves to be quashed and set aside.

¶105

Resultantly, the Petition is allowed in terms of prayer clause A and B only.

¶106

In view of the aforesaid observations, all the interim applications are disposed of.

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Needless to state, in view of the disposal of the present petition, the interim order shall stand vacated.

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[SACHIN S. DESHMUKH, J.]

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Swargiya Chandrappa More Sahakari Dudh Vyavsayik Sanstha Maryadit Boriwade Thr. Its Chairman v. the State of Maharashtra Thr Its Principal Secretary and Others

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Swargiya Chandrappa More Sahakari Dudh Vyavsayik Sanstha Maryadit Boriwade Thr. Its Chairman v. the State of Maharashtra Thr Its Principal Secretary and Others

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