RADHAKISHAN SADARANGANI Vs. DEEPA ROHERA, CHAIRPERSON

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioners have impugned the order dated 2nd August 2016 passed by the respondent no.5 rejecting the "no confidence motion" moved by the petitioners against the respondent nos.1 to 3. Some of the relevant facts for the purpose of deciding this petition are as under :-

(2.) Some time in the year 1986, the respondent no.4 Society was formed consisting of 17 members. In the month of November 2015, elections were held for the post of Managing Committee Members. 8 Members of the Managing Committee were elected. Since 3 posts were reserved for reserved category candidates who were not available, the Managing Committee of the respondent no.4-Society comprised of 8 members.

(3.) It is the case of the petitioners that on 13th December 2015, the respondent nos.1 to 3 appointed themselves as Chairman, Secretary and Treasurer in the Special General Body Meeting of the respondent no.4 society in violation of Section 73 CB of the Maharashtra Cooperative Societies Act, 1960 (for short "the MCS Act").