Bombay High Court
Pangri Gramseva Sahakari Sanstha, ... vs The Divisional Joint Registrar, ... on 8 July, 2019
Author: Z.A. Haq
Bench: Z.A. Haq
1 wp4566.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.4566/2019
Pangri Gramseva Sahkari Sanstha, Pangri
..Vs..
The Divisional Joint Registrar, Co-operative Societies, Amravati Division,
Amravati and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri R.D. Karode, Advocate for the petitioner.
CORAM : Z.A. HAQ, J.
DATED : 8.7.2019.
Heard.
Learned Advocate for the petitioner has pointed out that petition challenging the Maharashtra Co-operative Societies (Second Amendment) Act, 2018 by which Sub-Section (4) of Section 166 of the Maharashtra Co-operative Societies Act, 1960 (for short "the Act of 1960") is deleted, is pending before Division Bench of this Court. It is submitted that the Elected Body is superseded and Administrator is appointed over the petitioner - Co-operative Society as protection of Sub-Section (4) of Section 166 of the Act of 1960 is taken away by the Amendment Act of 2018.
Shri N.R. Patil, learned A.G.P. pointed out that the tenure of the Executing Committee of petitioner - Co-operative Society expired in 2015 and that the petitioner - Co-operative Society was required to initiate process for conducting the elections six months ::: Uploaded on - 08/07/2019 ::: Downloaded on - 10/07/2019 02:00:37 ::: 2 wp4566.19 before expiry of its term, however, petitioner - Co- operative Society failed to initiate the process till the expiry of their term and deposited part of the amount on 22nd January, 2016 and then after order was passed on 5th February, 2019 calling upon the petitioner - Co- operative Society to deposit the balance amount, the petitioner - Co-operative Society deposited the balance amount on 12th February, 2019. It is submitted that after deletion of Sub-Section (4) of Section 166 of the Act of 1960, the Executive Committee is not entitled to continue in office after expiry of its term.
Issue notice to the respondents, returnable on 13th August, 2019.
Shri N.R. Patil, learned A.G.P. waives notice for respondent Nos.1 to 3.
By an interim order, it is directed that the respondent No.6 shall take steps to conduct the election, however, the result of the election shall be subject to further orders to be passed in this petition.
JUDGE Tambaskar.
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