Bombay High Court
Prakash Maruti Rao Share
Versus
State of Maharashtra and others
Decided On:

Headnote:Section 22 (2)-Deemed membership.

       Question of the deemed membership as per provisions of sub- section 2 of Section 22 of the Maharashtra Co-operative Societies Act, 1960, will only come into play, as pointed out in that section, if the person applies for the membership and is not communicated about its decision within the stipulated time indicated by the sub-section. If the Society does not communicate any decision within three months from the date of receipt of such application, then the applicant shall have been deemed to be admitted. Therefore, unless a person applies for membership, the question of sub-section 2 of Section 22 does not arise.

       Section 21-Power of Registrar.

       Section 11 gives power to the Registrar to examine certain things when the question arises. It does nut qualify this power by restriction that it should be used only if any party applied. The power can be exercised by the Registrar when the question arises. It may arise either on an application by a member of the Society or by any other method including report, enquiry or inspection by the Registrar or by any of his officials or even in a reference made by any competent authority. This Court does not see any reason to deny the Registrar of the said powers when certain objections are referred to by any other competent authority by virtue of the rules laid down under the Act.

       For Citation : 19964) All MR 476 (Bom)