ANNA BAJABA WAGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner is, inter alia, seeking a writ of mandamus directing the Respondent No.3 Society which is a federal Society to give its opinion in pursuance of notice dated 24-4-2007 under section 78 of the Maharashtra Co-operative Societies Act in respect of the disqualification of the Respondents Nos.4 to 8 in the above petition so as to constitute effective consultation as contemplated under the said section 78. The petitioner has also sought quashing and setting aside the letter dated 3-5-2007 addressed by Respondent No.3 Federal Society to the Respondent No.2 Society.

(2.) The petitioner is a member of Ganesh Sahakari Sakhar Karkhana Limited situated at Rajangaon (Kh.), taluka Rahata district Ahmednagar. Elections to the Board of Directors of the said Karkhana took place on 29-11-2005. The Respondents Nos.4 to 8 were elected on the Board. The petitioner made a complaint to the Respondent No.2 i.e. the Regional Joint Director of Sugar, Ahmednagar that the Respondents Nos.4 to 8 are defaulters as they have not repaid the loan taken from one Society. Upon receipt of the complaint from the petitioner, Respondent No.2 issued a notice under Section 78 read with Section 73-FF of the Maharashtra Co-operative Societies Act, 1960, for short, the said Act , on 25-4-2007 to the Respondents Nos.4 to 8 and directed them to submit their reply to the said notice on or before 1-6-2007.

(3.) The Respondents Nos. 4 to 8 appeared in the said proceedings initiated pursuant to the issuance of notice under Section 78 of the said Act on 1-6-2007 and sought time to file their reply and thereafter the matter was adjourned from time to time and was lastly fixed for arguments on 30-7-2007. The Respondents Nos.4 to 8 filed Writ Petition No. 3269 of 2007, inter alia, seeking protection from this Court that in the event of an adverse order being passed against the said Respondents in the said proceedings, the same should not be given effect to for a period of four weeks from receipt of the said order. The said writ petition was disposed of by a Division Bench of this Court by order dated 12-6-2007 by granting protection to the said Respondents that if the order was adverse to the said Respondents, the same shall not take effect for a period of four weeks from the date of pronouncement. Admittedly, the said proceedings initiated against the Respondents Nos.4 to 8 pursuant to the said show cause notice issued under Section 78 read with Section 73-FF of the said Act are as yet pending.