Prabhakar S/O Janardan Rajderkar And ORS. v. State Of Maharashtra And ORS.

1 0305wp2573.05.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2573 OF 2005.

Shri Prabhakar Janardan Rajderkar ..vs..

State of Maharashtra and three others.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.A.V.Palshikar, AGP for respondent nos.1 to 3. Mr.M.V.Samarth, Advocate for intervenors.

CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : MAY 03, 2016.

Nobody for petitioners even on second call. Learned AGP appears for respondent nos.1 to 3 and Mr.M.V.Samarth, appears for the intervenors.

Advocate Shri Samarth submits that petitioner nos.1 and 2 are no more. He further points out that the petitioners must have completed their normal tenure because of interim orders passed by this Court and hence challenge is rendered infructuous. According to him, therefore only nobody is appearing for petitioners.

We find that challenge is to an order passed under Section 79-A(3) of Maharashtra Cooperative Societies Act, 1960 disqualifying and removing the petitioners from Executive Committee of respondent no.4 - Urban Co-operative Bank. This Court has on 5th of July, 2005 by reasoned order granted stay in the matter. As such, they ought to have completed their normal tenure which is of five years. We, therefore, accept statement of

2 0305wp2573.05.odt Advocate Shri Samarth and accordingly dispose of Writ Petition as infructuous.

Rule discharged. No costs.

JUDGE JUDGE Chute.