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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.13067/2024 (@Special Leave to Appeal (C) No(s). 5260/2023)
DILIP PANDURANG THOPATE Appellant(s)
VERSUS
ASHOKRAO V THOPATE & ORS. Respondent(s)
O R D E R
1. Leave granted.
2. The appellant was elected as a Member of the Board of
Directors of Respondent No.2 – Cooperative Society, known as Pune
Zilla Sahakari Dudh Sangh. His election came to be challenged in an
election petition filed by Respondent No.1 before the Cooperative
Court, on the ground that the appellant was disqualified to be
elected as a Member under the provisions of the Maharashtra
Cooperative Societies Act, 1960. The allegation was that the
appellant and his family run business in the same area where
Respondent No.2 – Society operates, and that the appellant and his
family are carrying on the same kind of business for which
Respondent No.2 has been constituted.
3. Section 73 (CA)(v) of the Maharashtra Co-operative Societies
Act, 1960 provides that no member or the family of such member
shall carry on a business which is similar to that of the Society,
in the area of operation of the Society. Further, violation of the
aforesaid provision tantamounts to disqualification from continuing
as an Elected Member of the Board of Directors.
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4. The allegati...