MADHAV BAPURAO WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned Counsels; Shri Suryawanshi for petitioner. Shri Bhapkar, Assistant Government Pleader for respondents Nos. 1 to 4 and Shri Patil for respondents Nos. 7 and 13.

(2.) THE short point is about the legal competence of respondent No. 3 District Deputy Registrar to do two things, viz ; (i) receiving the requisition of no confidence motion, against the petitioner, who has been elected as the Chairman of District Loan Committee of respondent No. 6 District Branch of respondent No. 5-a specified co-operative society, within the meaning of section 73-G of the Maharashtra Co-operative Societies Act, 1960, (for short, the "1960 Act" hereinafter) and (ii) convening the meeting on 5th February 2000 at 1. 00 p. m. for considering the said no confidence motion.

(3.) THE petitioner claims to be elected as the Chairman of the District Loan Committee of respondent No. 6 on 16-10-1998 for a period of five years. On 24-1-2000 a requisition was submitted by the respondent Nos. 7 to 13 and one more person (in all 8 out of 11 members of the District Loan Committee of respondents No. 6 ). Pursuant to that requisition, respondents No. 3 has convened the meeting of the District Loan Committee, vide impugned notice dated 24-1-2000, to be held at 1. 00 p. m. on Saturday, the 5th February, 2000.