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ARUN R. PEDNEKER
Sudam Ganpat Kothambire – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith. With the consent of learned advocates for the respective parties, heard finally.
2. By the present writ petition, the petitioners are challenging the impugned judgment and order dtd. 11/5/2022 passed by the Hon'ble Minister, Co-operation, Textile and Marketing Department of State of Maharashtra, thereby dismissing the Revision being REV-2021/Pra.Kra.348/15-S. The petitioners also pray for quashing the letter/communication dtd. 24/12/2020 issued by the Commissioner, Cooperative and Registrar Co-operative, Societies, Maharashtra State thereby declaring that membership of 1392 newly added members is legal and valid out of 1405 newly added members.
3. Brief facts, leading to the filing of the present writ petition can be summarised as under :-
The petitioner Nos. 1 and 2 are the Directors, the petitioner Nos. 3 and 4 are the co-opted Directors and the petitioner No. 5 is the member and account holder of the respondent No. 5 - Parner Taluka Sahakari Bank Ltd. The respondent No. 5 is a Co-operative Society duly registered under the provisions of Maharashtra Co-operative Societies Act, 1960 and is carrying the business of banking.
4. It is
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....
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.
Society's membership refusal upheld if prior rejection communications record sufficient cause like unregistered transfer documents; appellate and review authorities confined to original reasons, read....
The court reaffirmed the principle of open membership under the Maharashtra Co-operative Societies Act, ruling that unjustified denial of membership violates legal provisions and principles of natura....
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