ANIL GULAB KAWALE Vs. COMMISSIONER OF TEXTILE, NAGPUR

JUDGEMENT

(1.) By the present Petition under Article 227 of the Constitution of India, the Petitioners have impugned Order dtd. 14/10/2021 passed by the Hon'ble Minister of Respondent No.5 in Revision Application No. 261 of 2021, rejecting the said Revision preferred by the Petitioners and confirming the Order dtd. 12/11/2020 passed by the Respondent No.1 under Sec. 78A(1) of The Maharashtra Co-operative Societies Act, 1960 (for short, 'M.C.S. Act') thereby superseding Committee of Petitioner No.15 Cooperative Spinning Mill and appointing Respondent No.3 as 'Administrator' on Petitioner No.15.

(2.) Heard Mr.S.S. Shah, learned counsel for the Petitioners, Mr.S.H. Kankal, learned A.G.P. for Respondent Nos.1, 2, 4 & 5 (State) and Mr.Vijay Patil, learned counsel for Respondent Nos.6 to 16. Perused record.

(3.) Record discloses that, on the basis of a complaint dtd. 25/1/2020 addressed by the member of the Legislative Assembly (MLA) from Hatkanangale Legislative Constituency to the Hon'ble Minister of Respondent No.5, the Respondent No.1 issued a notice dtd. 13/3/2020 under Sec. 78A of the M.C.S. Act to the Chairman/Deputy Chairman/Directors of Petitioner No.15, calling upon them, as to why the Managing Committee of Petitioner No.15 be not superseded. The Respondent No.1 also called upon the Petitioners to submit their say within a period of 15 days from the date of receipt of the said notice. An interim Order dtd. 12/11/2020 was passed by the Respondent No.1 appointing the Respondent No.3 as 'Administrator' of Petitioner No.15. The said interim Order was set-aside by this Court by an Order dtd. 21/10/2020 by giving direction to the Respondent No.1 to decide the said case within a period of four weeks after hearing the concerned parties.