LAWS(BOM)-2001-7-90

PRITHVIRAJ DAJISO CHAVAN Vs. STATE OF MAHARASHTRA

Decided On July 13, 2001
PRITHVIRAJ DAJISO CHAVAN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) WRIT Petition No. 2058 of 2001. By this petition, the petitioners challenge the Maharashtra Ordinance No. 7 of 2001 effecting certain amendments to the Maharashtra Co-operative Societies Act, 1960. However, Ordinance impugned in this petition lapsed by efflux of time. Hence this petition is rendered infructuous. It is disposed of as such.

(2.) WRIT Petition No. 2607 of 2001 is filed by the petitioners challenging the subsequent ordinance issued for the same purpose being Maharashtra Ordinance No. 12 of 2001. It replaces Ordinance No. 7 of 2001. The arguments were heard in this writ petition.

(3.) WRIT Petition No. 2687 of 2001 raises similar questions regarding validly of the Ordinance, but the main relief claimed by the petitioner is a writ of mandamus directing the respondents to exercise their statutory power under section 79-A of the Maharashtra Co-operative Societies Act by issuing appropriate directions, orders, circulars etc. for holding fair and impartial elections to the specified societies. Whether the Maharashtra Ordinance No. 12 of 2001 is held constitutionally valid or otherwise, according to the petitioners whatever be the frame of section 27 after adjudication in Writ Petition No. 2607/2001 directions under section 79-A of the Co-operative Societies Act are liable to be issued for holding fair and impartial elections to the specified societies. Arguments were heard in this case also.