LAWS(BOM)-2012-8-171

VIJAY NAMDEORAO WADETTIWAR Vs. BABASAHEB

Decided On August 02, 2012
Vijay Namdeorao Wadettiwar Appellant
V/S
BABASAHEB Respondents

JUDGEMENT

(1.) THIS is an application by the applicant Vijay Namdeorao Wadettiwar, who has sought leave to file Letters Patent Appeal, aggrieved and dissatisfied with the order dated 26th July, 2012 passed in Writ Petition No. 241/2012.

(2.) THE applicant seeks leave to file an Appeal on the basis that by an order passed on the same date namely 26th July, 2012, the learned Single Judge has granted interim stay in terms of prayer clause (iii) of the Writ Petition No. 241/2012, which Writ Petition has been filed by respondent Nos. 1 and 2 - Babasaheb Sonbaji Wasade and Devanand Ramchandra Guru, against the orders passed by the Divisional Joint Registrar and the State of Maharashtra.

(3.) IN that application what he alleges is that, his joinder is necessary to point out all the factual and legal aspects leading to the original petitioners inviting action of their removal in terms of section 78(1) of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as "the Act"). The Writ Petition challenges the orders removing them under section 78(1) of the Act, which orders have been passed by the Divisional Joint Registrar and the State Government on account of certain developments, which have been highlighted in this application. It is apprehended by the applicant/appellant before us that Chandrapur District Central Co-operative Bank Limited original respondent No. 3 to the Writ Petition and respondent No. 5 before us, may not oppose the reliefs i.e. sought in the Writ Petition. There is every likelihood that on account of certain arrangements inter se and the subsequent developments, the orders under section 78(1) of the Act may be quashed and set aside. To oppose said course and to prevent the disqualification proceedings being reduced to a nullity, that the applicant sought his joinder.