SADASHIV BARKU WALTHARE Vs. STATE OF MAHARASHTRA, THROUGH SECRETARY, DEPARTMENT OF COOPERATION & TEXTILES, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Looking to the nature of controversy, we issue Rule and make it returnable forthwith. Heard finally Shri M.V. Samarth, learned counsel for the petitioners, Ms. N.P. Mehta. learned AGP for respondent Nos. 1 to 5 & 8. Nobody appears for respondent Nos. 6 & 7.

(2.) The proposed intervenor has taken out Civil Application No. 1372 of 2017 for intervention. Accordingly, we have heard Shri I.N. Choudhari, learned counsel also in support of defence raised by the State Government.

(3.) Shri Samarth, learned counsel for the petitioner seeks a direction to hold elections of respondent Nos. 6, 7 & 8 - Adiwasi Jungle Kamgar Sahakari Society, as per provisions contained in Section 73B of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as the Act). He points out that respondent Nos. 1 to 5 are not permitting any Nontribal into the Managing Committee because of communication dated 05.01.1979. He, therefore, seeks an order of this Court for quashing of communication and for directing the respondents to proceed as per law.