GAJANAN NARAYAN PATIL Vs. DATTATRAYA WAMAN PATIL

JUDGEMENT

(1.) THIS is an appeal under Art. 133 of the Constitution of India against the Judgment and Order dated 23/10/1989 passed by the High Court of Bombay in Writ Petn No. 3976 of 1989 whereby the High Court directed the Registrar of Co-operative Societies to give fresh notice to the elected members as well as to the 3 persons namely 2 nominees of the Financial Institutions and the expert co-opted member.

(2.) THE matrix of the case is that the appellants who are the duly elected Directors of the Sanjay Sahakari Sakhar Karkhana Ltd. hereinafter to be termed as "Karkhana" signed a requisition and sent the same to the respondent No. 3, the Joint Director of Sugar and Joint Registrar, Co-operative Societies, Maharashtra State, Pune requesting him to summon a special meeting of the Committee of the Karkhana to consider the proposed motion of no-confidence against the Chairman of the Committee, Dattatraya Waman Patil, respondent No. 1. This requisition was signed by more than 1/3rd of the total members of the Committee in accordance with the provision of Cl. (2) of S. 73-ID of the Maharashtra Co-operative Societies Act, 1960 (Maharashtra Act No. 24 of 1961). The above requisition was received in the office of the Joint Director of Sugar and Joint Registrar, Co-operative Societies, Maharashtra State, Pune, the respondent No. 3.

(3.) THE appellants filed a petition under Art. 133 of the Constitution of India against the Judgment and Order dated 26/10/1989 passed by the High Court, Bombay in Writ Petn. No. 3976 of 1989. The High Court by Order dated 26-10-80 granted certificate for appeal to this Court under Art. 134(1) of the Constitution of India on the following questions: