SANJAY VINZE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the Parties.

(2.) RULE in Writ petition No. 1137 of 2005. With consent of the learned Counsel for both the parties, matter is taken up for final hearing forthwith.

(3.) MR. Mundargi the learned Senior Counsel for the petitioner/accused has taken me through the record in detail. MR. Behere with MR. Patwardhan, the learned Counsel for the respondents also referred to several parts of the proceeding book and other records in support of his contention. Bye-law No. 121 provides that no member of the committee shall be present at the consideration of any matter in which he is directly or indirectly interested. After some arguments, MR. Mundargi conceded that it is the disputed question as to whether by virtue of this bye-law, the complainant could be deprived of attending the meeting held on2nd November and again on21st November. However he contended that at the most it could be stated that meetings were illegal but no offence could be made out particularly about fabrication of record or forgery. On the other hand, the learned Counsel for the complainant vehemently contended that in the minutes about the proceeding of the meeting of 23rd November, the complainant was shown present as member of the managing committee and this indicates that till that day she was member and her resignation was not accepted on21st as alleged by the accused persons. According to him if on21st November, her resignation was accepted, a letter could have been sent to her prior to meeting dated-23rd November informing that her resignation was accepted and therefore, she need not attend the meeting. According to him, no such intimation was given. Intimation about acceptance of her resignation was issued and received by her on26th November, 2004. According to the learned Counsel, these facts go to point out that the minutes pertaining to the alleged meeting dated-21st November are forged and fabricated. These are the questions of the facts, which can not be gone into and sorted at in the writ petition.