R S DAGODE Vs. HARI TUKARAM MAHAJAN

JUDGEMENT

(1.) THIS appeal arise out of the judgment and order passed in case No. 61/91 by the Judge, Co-op. Court, Jalgaon on 27-6-1991 by which he partly allowed rhe injunction application and the opponent no. 2 appellant No. 2 has been restrained from functioning as Committee member/chairman of the Appellant No. 1 Society until final disposal of the dispute.

(2.) THE brief material facts of the case are as follows. The respondents filed the dispute against the appellant society and the appellant No. 2 along with others contending therein that the opponents in the dispute were elected as the members of the managing committee for 5 years. The Committee consists of 8 elected members from general category and one from the weaker section and Scheduled Caste and Scheduled Tribe and one from adjoining village society.

(3.) THE election was held for the period 1990-91 to 1995. There was an objection raised to nomination paper of Appellant No. 2 at the time of scrutiny on the ground that he was employee of another Co-op. Society by name Maharashtra State Co-op. Cotton Growers Marketing Federation Ltd. Therefore, he was not eligible for contesting the election of the appellant No. 1 Society. The said nomination was then rejected. The appeal under Section 152-A of the MCS Act was filed before the Assistant Registrar, Co-op. Societies and the Assistant Registrar relying on a letter from the President of the district Advisory Committee of the abovementioned Marketing Federation one Pundalik A. Patil dated 5-11-1990 allowed the appeal. There is a dispute about the authenticity of the letter on the basis of which the decision was given by the Assistant Registrar. The Appellant No. 2 was permitted to participate in the election and ultimately he got elected.