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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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
wherein it
was held that unless a person's disqualification is adjudicated upon
by a competent authority, such person cannot be deemed
ineligible ... removal of a member is not a sine
qua non for attracting disqualification under Section 73FF(2) .
15. The learned counsel also referred
further alleged that as a result of this, the Petitioners had incurred disqualification under Section 73FF(1)(e)(v) .
9. On 23.6.1999 the Respondent ... Petitioners, as a result of which the Petitioners had incurred disqualification under Section 73FF. The Secretary also further observed that the business of the Society
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
writing, remove him from such office."
Section 34 deals with disqualifications for being a member of a board, such as being adjudged an insolvent ... being convicted for an offence involving moral turpitude. There are also other disqualifications which are set out in that section. Therefore, if a member
Chapter VII of the Act . Section 73FF of the Act deals with disqualification of members of committee and it, inter alia, states that no person ... payment of costs of inquiry under Section 85 or has incurred any disqualification under the Act or the Rules made thereunder. In addition
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
Karkhana, and since it is not repaid, the Petitioners have incurred a
disqualification. The same notice has been issued to other petitioners
also.
5. Against ... since the said advance has not been
repaid, the Petitioners have incurred disqualification under section
73FF of the said Act.
8. It is interesting
