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M.S.SONAK, DAMA SESHADRI NAIDU, BHARATI H.DANGRE
Vassudev Madkaikar – Appellant
Versus
State Of Goa – Respondent
The legal document indicates that the powers of the Central Registrar, particularly in the context of cooperative banks and societies, include the authority to call meetings, direct amendments to bye-laws, and oversee the administrative and financial conduct of the societies. The Registrar's powers are primarily aimed at ensuring proper management, compliance with statutory provisions, and safeguarding the interests of members and the public. These powers are exercised in a manner that facilitates regulation and supervision, but they do not amount to pervasive or deep control over the day-to-day functioning of the societies or banks. The Registrar's authority is thus characterized as supervisory and regulatory, intended to maintain transparency, accountability, and adherence to legal standards, rather than direct management or control of the institutions' operations.
JUDGMENT
Bharati H. Dangre, J. - The cleavage of opinions between the two sets of perspectives on the issue as to whether a 'Goa State Cooperative Bank' is a 'State' within the meaning of Article 12 and whether the said Bank is discharging any public function, so as to render it amenable to the writ jurisdiction of this Court under Article 226 is the issue placed for consideration of this Full Bench.
The two division benches of this Court, in Ganesh Morto Naik v/s. Goa State Co-operative Bank Ltd.,1991 SCCOnLineBom 211 and in another case of Surendra J. Kalangutkar v/s. Goa State Cooperative Bank Ltd.,2016 SCCOnLineBom 2587 ruled that the Goa State Cooperative Bank Ltd. (hereinafter referred to as GSCB) is a 'State' for the purpose of Article 12 and that since it is discharging public functions, it is amenable to writ jurisdiction under Article 226 of the Constitution of India. On the other hand, the judgment delivered at Aurangabad, in case of Shri Suresh Bhanudas Shinde & Anr v/s. State of Maharashtra & Ors., Writ Petition No.334 of 2018 has taken a contradictory view, when confronted with the issue whether the District Cooperative Bank Ltd. is a 'State', in the backdrop of the gr
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