KEDA TANAJI AHER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Learned AdvocatGeneral appearing for the respondent nos.1 to 3 waives service. Learned counsel appearing for respondent no.4 waives service. Learned senior counsel appearing for respondent no.5 waives service. Learned counsel appearing for respondent nos. 6 to 11 waives service. By consent of parties, this Writ Petition is heard finally.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioners seek a writ of certiorari or any other appropriate writ, order or direction in the nature of writ of certiorari thereby quashing and setting aside the order dated 29th December, 2017 passed by the Commissioner for Co-operation and Registrar of Co-operative Societies-respondent no.2 herein under Section 110A(1)(iii) of the Maharashtra Co-operative Societies Act, 1960 (for short 'the MCS Act'). Civil Application No. 271 of 2019 is filed by the respondent no.3 inter-alia praying for recalling or vacating the ad-interim order dated 6th February, 2018 passed by this Court in the writ petition and to permit the administrator to continue the function, in view of charge taken on 30th December, 2017. Some of the relevant facts for the purpose of deciding the writ petition are as under :-

(3.) The petitioners claim to be the Board of Directors of the respondent no.4 i.e. Nashik District Central Co-operative Bank Ltd. registered under provisions of the said MCS Act. Section 56 of the Banking Regulation Act, 1949 which was introduced in the year 1966 by way of amendment, made the provisions in the said Banking Regulation Act applicable to the Co-operative Banks with such modification as set out therein.