ASHOK AMBADASRAO LAWAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri R. N. Dhorde for the petitioner, Shri Kishor Patil for the respondents Nos. 1 to 3 and Shri N. B. Khandare for the respondent No. 4.

(2.) PETITIONERS are the members of the Managing Committee of Osmanabad Zilla Doodh Utpadak Sangh Maryadit. They were served with a Notice dated 24-7-1995 that they have become disqualified by virtue of provisions of section 73-FF of the Maharashtra Co-operative Societies Act, 1960 for not having refunded the advance taken by them within a period of 30 days and they were asked to show cause as to why the order of disqualification should not be passed against them under section 78.

(3.) IN the reply, the fact that an advance was taken by them and it was repaid after a period of 30 days was admitted but what was contended is that the repayment was before the issuance of Notice of show cause. The explanation was not accepted by the Divisional Deputy Registrar, Milk, Aurangabad and an order of disqualification under section 78-1 (a) came to be passed against them on 11-9-1995. An Appeal was preferred against this order before the Joint Registrar, Co-operative Societies, Milk, Worli, Bombay and this appeal came to be dismissed on 3-11-1995. This writ petition challenges the said order of disqualification and dismissal of the appeal so far as the petitioners are concerned.