1. This petition is filed challenging the judgment and order passed by the Secretary, Co-operation Department i.e. respondent No.6, dated Nil passed by respondent No.6 in revision petition No. Rev. 27/2001/CR-35/15-C.

2. The brief facts of the case, as narrated in the petition, are as under:-

It is the case of the petitioner that she is member of respondent No.1 Society. The said society came to be registered on 4.11.1972. Accordingly, the petitioner has deposited an amount of Rs.150/- as against the share. The petitioner purchased three shares of Rs.50/- each. Respondent No.1 society issued share certificate No.346 in favour of the petitioner. It is the further case of the petitioner that the petitioner has followed the bylaws of the society and paid amounts from time to time. However, the society respondent No.1 in its special general meeting dated 26.7.1992 passed resolution No.7 and cancelled the membership of the petitioner. The society had also issued letter dated 2.8.1992 thereby informing the petitioner that her membership is cancelled and sent a cheque for an amount of Rs. 10,178/- to the petitioner. It is further case of the petitioner that letter dated 2.8.1992 issued by respondent No.1 is nothing but an expulsion of the petitioner from the society, which is required to be done under Section 35 of the Maharashtra Co-operative Societies Act 1960 (hereinafter for the sake of brevity referred to as the “said Act”).

It is further case of the petitioner that from time to time representations were made to the Government authorities mentioning therein that the resolution passed by respondent No.1 society expelling the present petitioner as member of the society is in contravention of Rule 3 of the Maharashtra Co-operative Societies Rules 1961 (hereinafter for the said of brevity referred to as the “said Rules”). However, no cognizance was taken by the authorities. In the meanwhile, liquidator came to be appointed on respondent No.1 Society. The petitioner made representation on 9.3.1999 to the Liquidator requesting to consider her claim and decide the right of the petitioner. However, no action was taken by the liquidator.

It is further case of the petitioner that meanwhile, respondent No.1 society has created record to show that the plot which was alloted to the petitioner has transferred to respondent No.3. It is further case of the petitioner that expulsion of the petitioner as member was without giving an opportunity to the petitioner to put forth her case and said resolution is without approval of the Assistant Registrar. It is further case of the petitioner that she filed appeal No. 41 of 1999 before respondent No.5 under Section 152 of the said Act challenging the resolution expelling her as member of the respondent No.1 society. The Divisional Joint Registrar, Co-operative Societies by judgment and order dated 20.1.2000, allowed the appeal filed by the present petitioner.

3. Respondent No 3 herein filed revision before the State Government being aggrieved and dissatisfied with the judgment and order dated 20.1.2000 in appeal No. 41 of 1999. The Revisional authority has set aside the judgment and order passed by the Divisional Joint Registrar, Co-operative Society in appeal. Hence, this petition, filed by the petitioner.

4. On perusal of the compilation of the petition, it appears that respondent No.3 has filed reply to the petition on 26.9.2003. This matter was heard by this court for admission on 28.1.2003 and Rule was issued in the petition. Hearing of the petition was expedited. Interim relief in terms of prayer clause “C” was granted. Today, the matter is taken up for final hearing.

5. Learned counsel for the petitioner submits that the judgment and order passed by the Divisional Joint Registrar is passed after perusal of the record and the documents the same is well reasoned judgment and the said judgment and order is set aside by the Revisional authority, without calling record of the case. I