S.P. Deshmukh, J. - (1.) RULE . Rule made returnable forthwith and heard finally with consent of learned counsel for the petitioners and respondents.
(2.) PETITIONERS have moved this petition, questioning legality, validity and propriety of order dated 09 -03 -2015 passed by respondent No. 2, rejecting objection of the petitioners to nomination of respondents No. 3 to 6 for election to the Board of Directors of respondent No. 1 -Pakni Vividh Karyakari Seva Sahakari Society Ltd., Pakni, Ta. Mantha, District Jalna, for the term 2015 -2020 on the ground that under order dated 24 -01 -2011, Assistant Registrar of the Co -operative Societies, Mantha, in exercise of powers under Section 78(1)(b) of the Maharashtra Co -operative Societies Act, 1960 (hereinafter, for brevity, referred to as "the MCS Act") as was then subsisting, removed them from membership of the Managing Committee of respondent No. 1, them being defaulters of the society under section 73 -FF(i) of the MCS Act and pursuant to the then subsisting Rule 58(2) of the Maharashtra Co -operative Societies Rules, 1960 (hereinafter referred to as "the MCS Rules"). According to petitioners, said respondents are thus disqualified, ineligible and dis -entitled to contest present election to the Board of Directors for the term 2015 -2020. Mr. Khande, learned counsel for petitioners submits that respondents No. 3 to 6 are disqualified for next one term pursuant to proviso to Section 78(1)(b) of the MCS Act, since their removal from membership of Managing Committee has been incurred under order dated 24 -01 -2011. He refers to provisions as were then subsisting under Section 78 of the Act and contends that rejection of petitioners' objection is improper, unfair and without application of mind to the relevant provisions. He further submits that letting respondents No. 3 to 6 to contest the election is illegal and invalid.
(3.) LEARNED counsel, in support of his submissions, places reliance on a decision of full bench of this court in the case of Narayan S/o Gujabrao Bhoyar Vs. Yeotmal Zilla Parishad Karmachari Sahakari Path Sanstha Marayadit, Yeotmal and another reported in : 2009 (6) Mh.L.J. 500, and submits that distinction has been drawn between cessation and removal from membership. All removals would result in cessation but all cessations may not necessarily result into removals. Cessation indicates by its very nature a temporary or a short term effect whereas removal has different statutory consequences.;