WASUDEO GULABRAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PARTIES by counsel. Rule heard forthwith.

(2.) THE petitioner claims in this writ petition a writ of mandamus or any other appropriate writ, order or direction to strike down clauses (i) ahd (iii) of Bye-law No. 30 of the Bye-laws of the respondent No. 3 Bank and also the relief that his tenure as Chairman of the respondent No. 3 Bank should be declared conterminous with the term of its Board of Directors.

(3.) BRIEFLY the facts are that the respondent No. 3 Bank is an Urban Co-operative Bank registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (for short the "act" ). The State Government has issued an order dated 5-1-1990 published in the Maharashtra Government Gazette dated 22-2-1990 notifying that the Urban Co-operative Banks in the State having paid-up capital from Rs. 25,00,000. 00 to Rs. 1,00,00,000. 00 are deemed to be notified societies for the purposes of Section 73-IC of the Act so that the elections to the said societies are held in accordance with the provisions of Chapter VA of the Maharashtra Co-operative Societies Rules, 1961 (for short "the Rules" ). The respondent No. 3 Bank is thus a notified society with effect from 22-2-1990 since its authorised share capital is Rs. 50,00,000. 00. The effect of being a notified society is that the elections to the Board of Directors of the notified societies have to be held by the District Deputy Registrar of Co-operative Societies i. e. the respondent No. 2 in accordance with the provisions of Chapter VA of the Rules as provided in Section 73-1c of the Act.