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SANDEEP V. MARNE
Prerana Nagari Sahakari Bank Ltd. – Appellant
Versus
Divisional Joint Registrar, Co-operative Societies, Aurangabad – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Rule. Rule made returnable forthwith. With the consent of parties, taken up for final hearing.
2. By the present petition, the petitioners assail order dated 10.11.2021 passed by the Divisional Joint Registrar, Co-operative Societies, Aurangabad in Revision Application No. 20 of 2021. By that order, the revision filed by respondent Nos. 4 to 7 has been partly allowed and the proceedings are remanded to the District Deputy Registrar, Cooperative Societies, Aurangabad for fresh decision about the membership of 1666 members of petitioner No. 1 society. Earlier, both the Assistant Registrar, Co-operative Societies as well as District Deputy Registrar, Cooperative Societies had held that the issue of validity of resolution admitting 1666 members by the petitioner was not in their jurisdiction and respondent Nos. 4 to 7 were advised filing of dispute under section 91 of the Maharashtra Co-operative Societies Act, 1960 (for short ‘Act of 1960’). It is common ground that in pursuance of those decisions of Assistant and District Dy. Registrars, respondent Nos. 4 to 7 have filed dispute before the Co-operative Court challenging the proceedings of the meeting d
The main legal point established is that a cooperative society cannot refuse admission to qualified individuals, and any dispute regarding membership can only be remedied by filing a dispute under Se....
The court established that under the Maharashtra Cooperative Societies Act, a cooperative society is obligated to accept all qualified membership applications, and any disputes regarding membership m....
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
A co-operative society can challenge membership decisions if it demonstrates legal or financial harm, while individual members have standing to contest eligibility determinations impacting their righ....
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
The Registrar has jurisdiction over disputes between a cooperative society and its members, regardless of the member's capacity in relation to the dispute.
The court clarified that statutory bar under Order VII Rule 11(d) requires clear prohibition for dismissal, emphasizing the distinction between jurisdiction and maintainability.
The Registrar's jurisdiction under the Maharashtra Cooperative Societies Act is limited to determining eligibility based on objective facts, excluding complex disputes regarding ownership or membersh....
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