cause notice dt.24.7.1995, informing them that they had suffered disqualification under Section 73FF(1) of the Maharashtra Cooperative Societies ... they were asked to show cause as to why the order of disqualification could not be passed against them under Section
Section 73FF . The relevant portion of Section 73FF reads thus:
"Disqualification for membership of Committee : 73FF(1): Without prejudice to the other provisions ... this Act of the rules made thereunder in relation to the disqualification of being a member of a commitee, no person shall be eligible
Section 78 also came to be amended. Section 73FF deals with the disqualification of membership of the Committee. Since section as a whole is challenged ... this Act or the rules made thereunder in relation to the disqualification of being a member of a committee, no person shall be eligible
Power of removal of members/committees-
Default in repayment of loan installments- Disqualifications
for being member of a committee.
HEADNOTE:
The appellant was elected ... thereafter till 21.10.1986
when he actually repaid the dues thereby incurring the
disqualification as contemplated by section 73FF of the Act.
The appellant showed cause
made on 12-8-2005 and said payment cannot wipe out the disqualification already incurred. This Court has passed interim Orders and stayed election only ... anybody, including respondent No. 4, till 12-8-2005 to remove the disqualification. He states that respondent No. 4 did not request for grant
apply if incurred during the tenure of
office but only applies where disqualification is incurred before
assuming office. Besides the grievance is of the procedure ... respondent no.4 bank. Therefore, it was submitted that the
disqualification under Section 73CA of the Act would not apply. It
was further submitted
Cooperation
Department. The Revision came to be partly allowed and
the disqualification for a period of 2 years, to be a
member of the Managing ... restricted,
inasmuch as the revisional order directed the respondent
1s disqualification to be a member of the Committee of
the petitioner no. 1 / Society alone
must and
Section 73CA (1) cannot interpreted to mean that disqualification
from being a voter is incurred automatically. He further submits
that there cannot ... automatic disqualification and order to
that effect must be passed after granting hearing to the affected
parties. He further submits that there is a difference
Committees and Officers of the Societies, Section
145F provides for disqualification of membership
of specified cooperative society. Therefore,
Section 145F being special provision introduced
under ... therefore submitted that the
appointment of family member cannot be considered
as disqualification to hold the post. It is
submitted that language of Rule
paid the amount of advance within
thirty days and, thus, incurred the disqualification as per the provisions of
the Maharashtra Co-operative Societies ... February, 2009. The view taken by these two Forums was that the
disqualification stated under Section 73FF of the Act operates
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