CHANDRASHEKAR MAHADAPPA MITKARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. By consent petition taken up for final hearing.

(2.) THIS petition is filed by the petitioner who was appointed as a Chairman of respondent No. 3 Society and who has been removed by no confidence motion passed on 30th October, 2001. A notice was issued by this Court to the respondents asking them to show cause why the petition should not be disposed of finally at the admission stage itself. In pursuance of the notice, the respondents appeared and the petition is heard today.

(3.) THE facts may be stated briefly thus : on 11th February, 2001, the petitioner was elected as Chairman of the respondent No. 13 society. There were 9 members of the Managing Committee including the Chairman and the Vice Chairman. On 19th October, 2001, three members of the Managing Committee (being equal to 1/3 of the total strength complete) submitted a requisition notice under section 73-ID of the Maharashtra Co-operative Societies Act, 1960 (for short the Act) read with Rule 57-A of the Maharashtra Co-operative Societies Rules, 1961 (for short the Rules) to the District Deputy Registrar requesting him to convene a meeting of respondent No. 13 society for considering resolution of no confidence motion against the Chairman. The requisition was signed by 3 members whose signatures were attested by a Special Executive Magistrate, and was accompanied by a copy of the grounds for the proposed resolution.