JUDGMENT - H.L. GOKHALE, J.:---Heard Mr. Shah for the petitioners, Mr. Deogirikar for respondent Nos. 1 to 5 and Mr. Utangale for respondent No. 6.

2.A short question raised in this matter is as to whether second revision would lie under section 154 of the Maharashtra Co-operative Societies Act, 1960 after an earlier decision by the Divisional Joint Registrar in revision under the same section against the order of the Assistant Registrar. The petitioners are aggrieved by such order and Mr. Shah submits that such a second revision is not contemplated under section 154 of the M.C.S. Act and the order of the State Government is without jurisdiction. Mr. Deogirikar on the other hand draws my attention to quite a few judgments and states that such a revision is maintainable. Having considered those judgments and two other judgments of the Hon'ble Supreme Court in (Vishesh Kumar v. Shanti Prasad)1, A.I.R. 1980 S.C. 892 and (Aumdal Ammal v. Sadasivam Pillai)2, A.I.R. 1987 S.C. 203 in my view the position is clear that such a revision cannot lie. Mr. Deogirikar, however, wants me to give reasons even at this stage. Hence this order.

3.Mr. Deogirikar has relied upon (I) a judgment of the Apex Court reported in Vol. LXVIII 1966 Bom.L.R. 664 in the case of the (Everest Apartments Co-operative Housing Society Ltd., Bombay v. The State of Maharashtra)3, (ii) a judgment of a Division Bench of this Court reported in Vol. LXIX The Bom.L.R. 150 in the case of (Krishnarao Bakaramji Hadge v. The State of Maharashtra)4, (iii) judgment of a Division Bench reported in Vol. LXX 1967 The Bom.L.R. 621 in the case of (Narayan Tanbaji v. Kamgar Co-operative House Society Ltd.)5, (iv) a Division Bench judgment of Gujarat High Court reported in A.I.R. 1971 Guj. 156 in the case of (Chimanbhai Dadubhai Desai and another v. Chaturbhai P. Patel and others)6, and (v) lastly a judgment of a Division Bench of this Court, reported in 1972 Co-operative Tribunal Decision 248 in the case of (Mazgaon Terrace Co-op. H.S. Ltd. v. G.W. Kshirsagar)7. All these judgments are prior to the present amendment to section 154, which came into force on 1-3-1974 by virtue of the last above cited judgment in the case of Mazgaon Terrace Co-operative Society.

4.In the first judgment in the case of The Everest Apartments Co-operative Housing Society's case, the State Government had declined to exercise its powers under section 154, as then it stood, against an order under section 23 of the Act passed by the Registrar by relying upon section 23(3) of that Act. In that case an appeal had been filed to the District Deputy Registrar against the rejection of membership by the Society and the question was as to whether a revision was available under section 154. Surely, it was available to the State Government and which is what the Court held. The Court, however, held in that judgment clearly that this power can be exercised in all cases except in a case in which similar powers have already been exercised (underlining supplied) and at that time as per the section by the tribunal under section 149(9) of the Act. It was not a case of a revision first filed to the Registrar and then to the State Government. In the second case, viz. Krishnarao Bakaramji Hadge v. The State of Maharashtra, the Court made distinction between two types of orders passed by the Assistant Registrar, one passed on his own and the second with the approval of the Registrar. In that case, it was an order passed by the Assistant Registrar on his own without sanction of the Registrar and the question was as to whether a revision would lie to the Registrar and the Court naturally held that it would lie. In the third case of Narayan Tanbaji v. Kamgar Co-operative Housing Society Ltd, the Jt. Registrar had declined to grant stay to an election in revision filed to him against the decision of the Assistant Registrar and against that order, a writ was filed. The learned Division Bench declined to interfere in that order. In that

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