By this petition under Article 227 of the Constitution of India, the petitioners have impugned the order dated 2nd August 2016 passed by the respondent no.5 rejecting the “no confidence motion” moved by the petitioners against the respondent nos.1 to 3. Some of the relevant facts for the purpose of deciding this petition are as under :-

2. Some time in the year 1986, the respondent no.4 Society was formed consisting of 17 members. In the month of November 2015, elections were held for the post of Managing Committee Members. 8 Members of the Managing Committee were elected. Since 3 posts were reserved for reserved category candidates who were not available, the Managing Committee of the respondent no.4-Society comprised of 8 members.

3. It is the case of the petitioners that on 13th December 2015, the respondent nos.1 to 3 appointed themselves as Chairman, Secretary and Treasurer in the Special General Body Meeting of the respondent no.4 society in violation of Section 73 CB of the Maharashtra Cooperative Societies Act, 1960 (for short “the MCS Act”).

4. According to the petitioners, the respondent nos.1 to 3 started committing gross violation of various provisions of law and byelaws of the society. The petitioners addressed various letters to various authorities for taking action against the respondent nos.1 to 3 however no action was taken on those letters addressed by the petitioners against the respondent nos.1 to 3.

5. It is the case of the petitioners that the respondent nos.1 to 3 themselves appointed a Contractor to carry out major repairs to the building and have been threatening the members that if they did not pay amounts as demanded, serious consequences will follow.

6. On 14th July 2016, the petitioners addressed a letter to the Registrar, H/W ward setting out grounds for “no confidence motion.” On receipt of the said requisition, the respondent no.5 called a meeting in terms of provisions of Section 73-1D of the Maharashtra Co-operative Societies Act, 1960 for “no confidence motion.” The respondent no.5 acted as a statutory authority under Section 73-1D of the MCS Act and called a meeting. It is the case of the petitioners that the said meeting was called by requisition of 2/3rd members of the Managing Committee for seeking removal of the respondent nos.1 to 3 and was in compliance with Section 73-1D of the MCS Act and the other provisions of law and rules required to be followed for the purpose of moving “no confidence motion.” Out of 8 members of the Managing Committee, 5 members of the Managing Committee moved “no confidence motion” against the respondent nos.1 to 3. It is the case of the petitioners that the said “no confidence motion” was moved by 2/3rd majority of 8 members of the Managing Committee in compliance with Section 73-1D of the MCS Act.

7. On 2nd August 2016, the respondent no.5 passed an order rejecting the said “no confidence motion” holding that the committee ought to have consisted of 11 members and members voted in favour of “no confidence motion” were less than 2/3rd as contemplated under Section 73-1D of the MCS Act. This order passed by the respondent no.5 has been impugned in this petition filed under Article 227 of the Constitution of India.

8. Mr.Kanuga, learned counsel appearing for the petitioners invited my attention to various exhibits annexed to the petition and also to Section 73-1D of the MCS Act and also bye-laws 118 of the Bye-laws of the respondent no.4 society.

9. It is submitted that the finding of the learned Registrar that the total number of members of the Committee were 11 is ex facie perverse and also factually incorrect. The Managing Committee of the society consisted of 8 members and 2/3rd members thereof was required for the purpose of passing “no confidence motion” under Section 73-1D of the MCS Act. It is submitted that the respondent no.5 has erroneously held that 2/3rd majority would constitute 5.33 members. Since voting cast in favour of the resolution was 5 a