JUDGEMENT
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(1.) Leave granted.
(2.) Tuljabhavani Zilla Sahakari Doodh Utpadak Va Prakriya Sangh Maryadit, Osmanabad (hereinafter 'the Sangh,' for short) is a co-operative society falling in one of the categories included in S. 73-G of the Maharashtra Co-operative Societies Act, 1960 (hereinafter, 'the Act' for short). Section 144-Y of the Act makes special provision for election of officers of such societies. It reads as under :-
"144-Y. Special provision for election of officers of specified societies
(1) This section shall apply only to election of officers by members of Committees of Societies belonging to the categories specified in S. 73-G.
(2) After the election of the members of the Committee and, where necessary, co-option or appointment, as the case may be, of members to the reserved seats under S. 73-B or whenever such election is due, the election of the officer or officers of any such society shall be held as provided in its bye-laws but any meeting of the Committee for this purpose shall be presided over by the Collector or an officer nominated by him in this behalf."
(3.) Here itself it would be relevant to reproduce the relevant bye-laws of the society as under :-
"Bye-law Every year after annual general
No. 18.3 : body meeting, in first meeting of
Board of Directors, as per provi-
sions of law, Chairman shall be
elected for a period of one year.
Till the new Chairman is elected,
previous Chairman should con-
tinue to hold the post.
Bye-law Out of total number of elected
No. 18.11 : Directors, if 50 per cent. plus
one Director (including nomi-
nated directors) are present for
meeting then, corum (sic., quo-
rum) for the meeting shall be
complete." ;
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