2018 Supreme(Bom) 45
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
T.V. NALAWADE, SUNIL K. KOTWAL, JJ.
Yogakshema Multistate Co-operative Credit Society Ltd. & Others - Petitioners
Versus
Union of India and others - Respondents
WRIT PETITION NO. 5543, 4904 OF 2013, 710 OF 2014
Decided On : 15-01-2018
Advocate Appeared:
For the Petitioners:Mr. A.N. Nagargoje, Advocate
For the Respondent: Mr. S.B. Deshpande, ASG, Mr. D.S. Jape/Ansingkar, AGP
Headnote:
Maharashtra Cooperative Societies Act 1960 - Amendment of Rules - Multi-State Co-operative Societies Act, 2002 - Relief of mandamus - Challenge legality and validity of order - Petitioners from three petitions wanted to have registration under provisions of the Act of 2002 - Petitioners from first two proceedings had made proposals applications and to them direction is given by Central Registrar of Co-operative Societies vide order to comply conditions mentioned in order - No Objection Certificate from Registrar of Cooperative Societies of State/U-T- concerned where proposed area of operation of society extends - Verification certificate of background and other credentials of Chief Promoter/promoters duly certified by Registrar of Cooperative Societies of State where Registered Office of Society is proposed to be located - Submission of N.O.C. from concerned Registrar of Co-operative Societies shall also be applicable to existing societies which desire to extend their area of operations to other States/U-T – Held, In case cited supra Kerala High Court considered matter from different angle possibility of delegation of power of Central Registrar - Further case was decided on when amendment came to be made in Central Rules in year - In view of this circumstance and subsequent developments this Court holds that observations made by learned Judge of Kerala High Court can be of no use to petitioners - Facts of second case cited supra were altogether different and they were with regard to powers of recovery officers created by State Act when such society gets converted in to Co-operative Society under Act of 2002 - Point involved in present matter was not involved in case decided by this Court in year cited supra- This Court holds that applicants need to follow procedure now laid down and that procedure is in public interest - Writ petitions stand dismissed
1. Writ Petition Nos. 5543/2013 and 4904/2013 are filed to challenge legality and validity of order dated 29.5.2013 issued by respondent No. 2 and also for the relief of quashing and setting aside the said order. Further, the relief of mandamus, direction is claimed against respondent No. 2 to see that respondent No. 2 does not insist for compliance of conditions laid down in order dated 29.5.2013. Direction is also claimed for setting aside circular dated 23.8.2013. Writ Petition No. 710/2014 is filed to challenge the order made by respondent No. 2 by which the application filed by the petitioner for registration of applicant as Multi-State Co-operative Society under Multi-State Co-operative Societies Act, 2002 (hereinafter referred to as 'the Act of 2002 for short) is rejected. Other reliefs claimed by this petitioner are similar to the reliefs claimed in the aforesaid two writ petitions. Both the sides are heard.
2. The petitioners from the three petitions wanted to have registration under the provisions of the Act of 2002. The petitioners from the first two proceedings had made proposals, applications and to them direction is given by Central Registrar of Co-operative Societies vide order dated 29.5.2013 to comply the conditions mentioned in the order. The conditions are as under :-
"1. No Objection Certificate from the Registrar of Cooperative Societies of the State/U.T. concerned where the proposed area of operation of the society extends.
2. Verification certificate of the background and other credentials of the Chief Promoter/promoters duly certified by the Registrar of Cooperative Societies of the State where Registered Office of the Society is proposed to be located.
3. Submission of N.O.C. from the concerned Registrar of Co-operative Societies shall also be applicable to the existing societies which desire to extend their area of operations to other States/U.T."
3. The submissions made show that in the past, no rules were framed under the Act of 2002 with regard to aforesaid requirements, but by amendment of Rules, with effect from 17.8.2016 such requirements are brought in existence. The learned counsels for petitioners submitted that as there applications were pending from prior to the date of amendment, they cannot be asked to comply the new provisions introduced by amendment of 2016. This submission cannot be accepted in law. If application for getting such registration is pending and the new procedure or new requirement comes in to force, the applicant needs to follow that procedure and fulfill the requirements mentioned by way of amendment.
4. The learned counsels for the petitioners from the three proceedings submitted that the Registrar appointed under the Maharashtra Cooperative Societies Act 1960 has issued circular dated 23.8.2013 and in that circular for issuing no objection certificate mentioned in aforesaid order of Central Registrar of Co-operative Societies, the applicant is required to comply with the following conditions :-
(i) The applicant must have collected share capital of atleast Rs. one crore.
(ii) The applicant who wants to have registered office in Maharashtra needs to have atleast one thousand shareholders who are residents of Maharashtra.
Some other requirements are also mentioned which are with regard to the Chief Promoters and promoters, but argument was not advanced on those requirements.
5. The learned counsels for the petitioners submitted that in view of provision of section 6 (2) (a) of the Act of 2002 the application needs to be signed only by 50 persons from each of the State concerned and so, the Registrar under Maharashtra Cooperative Societies Act, 1960 could not have put a condition to have one thousand residents of Maharashtra State as members. On this, the learned counsel for respondents submitted that the condition mentioned in section 6 (2) (a) of the Act is with regard to signing of application filed for registration and it is not with regard to the requirement of