Former executive director of the state cooperative Mahananda dairy Shivaji Talekar,who was arrested by the Anti Corruption Bureau (ACB) in disproportionate assets case on August 4,2005,has now moved the court seeking discharge stating that he is not a public servant and cannot be tried under the Prevention of Corruption Act.
Talekar is presently out on bail and his trial is likely to begin soon.
In the plea submitted before special ACB judge S N Sardesai,he stated,He was working as executive director with the Maharashtra Rajya Shahkhari Dudh Mahasangha Maryadit Society (MRSDMMS),which is a society formerly under the Maharashtra State Cooperative Societys Act. Thus,under the prescribed sections of the societys Act,he is not a public servant. So the case against him does not stand in the court.
The application further states that since he is not a public servant as prescribed under the corruption act,he should be discharged from the case. According to him,initially National Dairy Development Board had built the Mahananda dairy for M/s MAFCO Ltd. However,it could not be run and it was transferred along with its assets to Dairy Cooperation of Maharashtra which also could not run it. Later,it was again transferred to the Mahananda Dairy and then to the MRSDMMS society,which is not a government undertaking,Talekar said.
Talekar joined Mahananda dairy as a junior marketing manager in 1983. In 20 years,he had become the most powerful man in the dairy federation,with total administrative and financial powers over Mahananda Dairy. According to the ACB,Talekar amassed property worth around Rs 3 crore,including a 3,000-sq ft bungalow worth Rs 1.11 crore at Madh Island in Malad and a chikoo farm plus properties in Mira Road,Nallasopara and Goregoan,collectively worth Rs 2 crore.
Public Prosecutor V Desai said,It is a clear delay tactics played by Talekar as the court was likely to frame the charges against him and begin the trial on February 21,the next date of hearing. Commenting on the application,Desai said,We are studying the application and will soon file a reply on it.