Bombay High CourtWP/1082/2016dismissedrule discharged

Dr. Dattatraya S/O. Jaikrishna Gotmare v. The Divisional Joint Registrar, Co-Op. Soc., Amravati And Others

2016-04-16Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

1604wp1082.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1082/2016 Dr. Dattatraya s/o Jaikrishna Gotmare ...Versus...

The Divisional Joint Registrar, Cooperative Societies, Amravati, District Amravati and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Sahare, Advocate for petitioner Mrs. A.R. Kulkarni, AGP for respondent no.1 Shri A.S. Kilor, Advocate for respondent no.3 CORAM : SMT. VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : 16.04.2016 By this writ petition, the petitioner, who is on the Board of Directors of the respondent - Bank, challenges the order of the respondent no.3, rejecting the objection of the petitioner and initiating the enquiry under Section 88 of the Maharashtra Cooperative Societies Act.

The only ground raised on behalf of the petitioner in the instant petition is that when a notice under Rule 72 of the Maharashtra Cooperative Societies Rules, 1961 was issued to the petitioner, the enquiry under Section 88 of the Act would not have been conducted.

On a reading of the provisions of Section 88 of the Maharashtra Cooperative Societies Act, 1960 and Rule 72 of the

1604wp1082.16.odt Rules of 1961, it appears that there is no merit in the only submission made on behalf of the petitioner. It is also informed to this Court that a similar writ petition filed by the other Directors on the Board of Directors, bearing Writ Petition No.971/2016, was withdrawn.

In view of the aforesaid, we dismiss the writ petition with no order as to costs.

JUDGE JUDGE Wadkar