SUMAN VASANT KANDHARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) By the present writ petition the petitioners are challenging the order dtd. 10/6/2022, passed by the Hon 'ble Minister whereby the Hon 'ble Minister was pleased to allow the revision petition filed by respondent no.6 herein and set aside the disqualification orders passed by the lower authorities i.e. Respondent No.4 / Joint Registrar dtd. 7/1/2022 & Respondent No.5 / Deputy Registrar dtd. 29/1/2021 and by the impugned order the Hon 'ble Minister has held that respondent no.6 is not a defaulter of the respondent no.7 - housing society and thus not disqualified to be the member of the managing committee of the respondent no.7 - housing society.

(3.) The issue involved in the present writ petition is, whether respondent no.6 is disqualified under Sec. [73CA](1)(e) of the Maharashtra Co-operative Societies Act, 1960 read with Rule 58 of the Maharashtra Co-operative Societies Rules, 1961, to be the member of the respondent no.7 committee, being a defaulter of the respondent no.7 housing society. The brief facts giving rise to filing of the present writ petition can be summarized as under.