MAROTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Heard finally with the consent of learned advocates for the parties.

(2.) Very short issue is involved in all these petitions. The petitioners have questioned the correctness of the order dated 31 st May, 2024, passed by the Divisional Joint Registrar, Cooperative Societies, Amravati, whereby the stay granted to the order of disqualification of the petitioners as Directors of the respondent No.5-Akola Zilla Parishad Prathamik Shikshak Sahakari Pat Sanstha Ltd., Akola, came to be vacated.

(3.) The proceeding for disqualification of the petitioners in Writ Petition Nos.3369/2024 and 3371/2024 was initiated on the ground that, being the Directors of the Society, they failed to repay the loan borrowed from the Society within time. As far as the petitioner in Writ Petition No.3370/2024 is concerned, it is the basic contention that on the date of his appointment as the Director of the respondent No.5, he was the Director of another Cooperative Society by name Dr. Babasaheb Ambedkar Zilla Parishad Magasvargiya Karmchari Sahakari Pat Sanstha Maryadit Akola-Washim. Being aggrieved by the disqualification orders, the petitioners filed the appeals before the Divisional Joint Registrar, Cooperative Societies, Amravati under Sec. 152 of the Maharashtra Cooperative Societies Act, 1960. They moved the stay applications. The Divisional Joint Registrar, Cooperative Societies, Amravati, by his order dtd. 28/12/2022, allowed the stay application and stayed the operation of the disqualification orders during the pendency of the appeals. The appeals are still pending before the Divisional Joint Registrar, Cooperative Societies, Amravati. During the pendency of the appeals, respondent No.6 made an application for vacating the stay. The basic premise for vacating the stay is the decision of the Hon'ble Apex Court and the Government Resolution dtd. 6/5/2021.