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VIKRAM NATH, PRASANNA B. VARALE
Masaidevi Vividh Karyakari Sahakari Seva Sanstha Maryadit Warewadi – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
PRASANNA B. VARALE, J:-
1. Leave granted.
2. The challenge in the present appeals is to the common order dated 05.01.2024 in Writ Petition No. 8654/2023 and 42 other connected matters, whereby the High Court of Judicature at Bombay allowed the petitions preferred by the respondent no. 6 herein and in other connected matters and set aside the orders passed by the State of Maharashtra directing registration of the appellant-societies.
3. For the sake of brevity and as the legal issue involved is the same, we are referring to the facts of the W.P. No. 8654 of 2023 resulting into SLP (C) No. 4090 of 2024. The factual background is that on 13.01.2023, the appellant-society herein filed an application to the Respondent-Assistant Registrar for getting permission for registration of proposed society as a new Primary Agricultural Credit Co-operative Society (hereinafter ‘PACCS’), as well as for opening a bank account. A scrutiny was done by the Scrutiny Committee (hereinafter ‘Committee’) wherein the application filed by the appellant-society was rejected on 13.04.2023. The reasons given by the Committee for rejection of application are reproduced below:
Economic viability is a prerequisite for the registration of co-operative societies, and decisions contrary to established guidelines are unsustainable.
A competing co-operative society lacks locus standi to challenge another's registration unless it suffers a legal wrong, underscoring the principle that competition must be encouraged.
Deregistration under Section 21A of the Act can only be based on specified statutory grounds and not on extraneous considerations. The right to form association cannot be jeopardized based on non-sta....
The central legal point established in the judgment is the application of Section 4 of the Gujarat Cooperative Societies Act, 1961, particularly the proviso, to determine the eligibility for registra....
A registration order under the Maharashtra Cooperative Societies Act must be reasoned to ensure accountability and compliance with statutory requirements, enabling effective judicial review.
The central legal point established in the judgment is that the Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Trib....
Section 6 of the Act provides for filing of an application with the Registrar in the prescribed form seeking for registration of a co-operative society.
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