Shri Lingbhairi Sahakari Dudh Vyavsayik Sanstha Maryadit Thr. Its Chairman Anant Tukaram Kasabale vs Mahadeo Sahakari Doodh Vyavsayik Snasha Maryadit

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.

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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.

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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.

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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.

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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.

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

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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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Shri Lingbhairi Sahakari Dudh Vyavsayik Sanstha Maryadit Thr. Its Chairman Anant Tukaram Kasabale v. Mahadeo Sahakari Doodh Vyavsayik Snasha Maryadit

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Shri Lingbhairi Sahakari Dudh Vyavsayik Sanstha Maryadit Thr. Its Chairman Anant Tukaram Kasabale v. Mahadeo Sahakari Doodh Vyavsayik Snasha Maryadit

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