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Documents citing Kolhapur Zilla Sahakari Doodh Utpadak ... vs State Of Maharashtra And 64 Ors. on 23 August, 2007

Uttam Jagannath Lungare vs The State Of Maharashtra on 21 April, 2014

In the case of Kolhapur Zilla Sahakari Doodh Utpadak Sangh Maryadit Vs. State of Maharashtra and others [2008 (2) MAH. L.J.231], the Division Bench of this Court concluded that notice dated 11th October 2005 of the general body meeting dated 11th November 2005 was received between 12th October and 18th of October 2005. The Division Bench had therefore, upheld the view taken by the learned Single Judge that the resolution of expulsion passed in such a general body meeting was not legal and valid as 30 days' clear notice was not given by the appellant to respondent Nos. 5 to 65. It was also concluded in the said judgment that, as there was no compliance of section 25 of the Act read with Rules 28 and 29 of the Maharashtra Cooperative Societies Rules, 1961 which are mandatory, the entire order is vitiated.
Bombay High Court Cites 5 - Cited by 0 - R V Ghuge - Full Document

Kanifnath Cooperative Fishery Society ... vs State Of Maharashtra Thru Prin. ... on 30 January, 2024

2. Moreover, the expelled members were not granted opportunity as required under the provisions of Section 35 of the Maharashtra Cooperative Societies Act, 1960 read with Rule 28 of the Maharashtra Cooperative Societies Rules, 1961. Hence, the District Deputy Registrar recorded a finding that mandatory period of 30 days before taking action under Section 35 of the Maharashtra Cooperative Societies Act, 1960 has not been complied with. The issue as to whether 30 days prior notice is mandatory or not, is no longer res integra, in view of division bench judgment of this Court in the case of Kolhapur Zilla Sahakari Doodha Utpadak Sangh Maryadit, Kolhapur Vs. State of Maharashtra & Others, reported in (2008) 2 Mah LJ 231 wherein it is held that notice of clear 30 days is mandatory. Hence, the impugned order passed by the State Government confirming order of Deputy Registrar holding expulsion as illegal needs to be confirmed.
Bombay High Court Cites 2 - Cited by 0 - A B Borkar - Full Document
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