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2015 Supreme(Bom) 574

In the High Court of Bombay at Nagpur
R.K. DESHPANDE, J.
Walni Pardi Majoor Kamgar Sahakari Sanstha Limited & Another – Appellants
Vs.
Assistant Registrar, Co-operative Societies (Housing), Saoner & Others – Respondents
Writ Petition No. 5029 of 2007
Decided On : 24-04-2015

Advocates:
Advocate Appeared:
For the Respondents: R1 to R3, M.M. Ekre, AGP.

Headnote:Maharashtra Co-operative Societies Act, 1960 - Section 152 - Appeal against order expelling members from society. - Where copy of order, expelling 81 members from society in year 1988 was supplied on 9.2.2011 therefore appeal against said order filed by members in year 2001 not barred by time. - In view of the finding recorded by the Minister in the order impugned and in the absence of service of order of expulsion of 81 members from the society, the condonation of delay in filing appeal under Section 152 of the said Act cannot be faulted with. However, the Minister concerned should have remanded the matter back to the Divisional Joint Registrar, Cooperative Societies to decide the appeal under Section 152 of the said Act on its own merits instead of setting aside the order of expulsion passed by the Assistant Registrar, Cooperative Societies on 8.11.1988.

Judgment :-

1. By an order dated 8.11.1988, the Assistant Registrar, Cooperative Societies, Saoner, has passed an order under Section 35(1) of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the said Act"), cancelling the membership of 81 persons in Walni Pardi Majoor Kamgar Sahakari Sanstha. The order was passed after issuance of show cause notice to all those persons. About 35 such members preferred Appeal No. 167 of 2001 under Section 152 of the said Act, challenging the said order after lapse of period of about 13 years. The appeal has been dismissed holding that there is sufficient cause made out for condonation of delay. The relevant consideration in the order passed by the Divisional Joint Registrar is reproduced below;

"I have duly considered the submissions put forth before me and also examined the documents submitted before me. It is an admitted fact in the present appeal, and order passed on 08.11.1988 has been challenged. The impugned order thus has been challenged after a lapse of about 13 years, The concerned record and proceedings in connection with the impugned order is not available with the office of the Assistant Registrar, C.S. Saoner and so it is practically not possible to examine the propriety and legality of the impugned order. The copy of the impugned order submitted before me show that the impugned order was accompanied by Annexure-A containing the names of 81 expelled members of the Walani Pardi Mazoor Kamgar Sahakari Sanstha, which include the names of the Appellants. The same has been issued to concerned expelled members under certificate of posting. The list bears the postage stamp and the seal dated 12/11/1988. As such an inference can prima facie be drawn that the impugned order was issued to concerned expelled members on 12.11.1988. Copy of the resolution of Special General Meeting dated 15.06.1988, submitted before me reveal that a decision was taken in the said meeting to expel 81 members. The said resolution seems to have been checked by the Assistant Co-operative Officer and also by Assistant Registrar, C.S. Saoner as copy of the resolution bears their signatures on 15.10.1988. In absence of any other record, the copy of the aforesaid resolution can be relied upon which demonstrates that the same has been scrutinized by Assistant Registrar, C.S.Saoner on 15.10.1988. Further all the Appellants are resident of Mouza Walani and the Respondent No1. Society also exists at Walani. It is, therefore, not likely that the Appellants were not aware of the activities of the Respondent No.1 society since Mozua Walani is a small village. It is also not likely that the Appellants could not get knowledge of Annual General Meeting convened by the Respondent No1. Society taking into consideration the fact that the appellants are resident of Mouza Walani and the Respondent No1. Society also exists at Walani. In view of the aforesid facts and circumstances, it is difficult to construe that the appellants were not aware of their expulsion for a long period of about 13 years. Hence, I decline to accept the peal of the Appellants to the effect that they came to know about the impugned order only on 9/10 February 2001 and they had no knowledge about their expulsion for a long period of about 13 years, The appellants have not demonstrated any tangible or valid reason for such an inordinate delay in filing appeal and the same cannot be treated as bonafide delay. The appeal is dismissed holding that no explanation is made out for condonation of 13 years delay caused in filing an appeal. Revision application preferred by the respondents-expelled members has been allowed by the Minister of State for Corporation, Marketing and Textile by an order dated 28.09.2007. Hence this writ petition.

2. The Minister has considered the aspect of delay in its order as under;

"From all above observations, I come to the conclusion that the Divisional Joint Registrar has not considered the case of the applican





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