PANACHAND D GANDHI Vs. GOVINDRAO G PATIL

JUDGEMENT

(1.) CONSIDERING the facts and circumstances, we find that the second Proviso to Section 77-A of the Maharashtra Co-operative Societies act, 1960 (hereinafter "the Act"), would not be applicable to the present case. And if at all action under Section 77-A aforesaid is to be taken, the same must be in accordance with inter alia the first Proviso to the said section and under which first Proviso before making any order under Section 77-A, the Registrar shall publish a notice on the notice board at the head office of the Society inviting objections and suggestions with respect to the proposed order within a period specified in the notice and consider all objections and suggestions received by him within that time.

(2.) IN the circumstances, if notice under the first Proviso to Section 77-A of the Act is published, the Petitioners will have opportunity of replying to the show-cause notice. We, however, direct that if the Registrar invokes in this case the second Proviso to Section 77-A of the Act and pass order under section 77-A of the Act, he shall not give effect to the said order for a period of fifteen days of the service thereof upon the petitioners.

(3.) ORDER accordingly on this petition which is thus disposed of. Order accordingly.