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KISHORE C. SANT
Vinayak Ukharam Chavhan – Appellant
Versus
Divisional Joint Registrar, Co-Operative Societies – Respondent
JUDGMENT :
KISHORE C.SANT, J.
1. The petitioner is elected as Chairman to the Respondent No. 4 Society. He has challenged the order dated 08.04.2022 passed by the Divisional Joint Registrar, Co- Operative Societies, Aurangabad in Revision Application No. 5 of 2022, thereby, dissolving the Board of Directors and appointing an authorized Officer from the office of Additional Registrar, Co-Operative Societies, Kannad, as Authorized Officer under Section 77A (b (1) of the Maharashtra Co-Operative Societies Act, 1960, (hereinafter referred to as "the said Act").
2. Respondent No. 1 is an authority, who has passed the impugned order. Respondent No. 2 is the Assistant Registrar, whose order was challenged before respondent No.1. Respondent No. 3 is the an administrator, appointed on Respondent No. 4 Society and Respondent No. 4 is the Co- Operative Society. Respondent No. 5 to 10 are the respondents added by an order passed, on the application for intervention bearing No. 634 of 2023 in Writ Petition No. 521 of 2023 filed by them. Respondent Nos. 11 to 14 are also the interveners, who have filed application No. 4628 of 2023 in Writ Petition No. 521 of 2023.
3. The facts in short, giving rise
The court affirmed that the Registrar must prioritize internal management over external control in co-operative societies, using outside appointments only as a last resort.
The main legal point established in the judgment is the requirement for independent exercise of quasi judicial power, adherence to principles of natural justice, and the need for objective reasoning ....
The main legal point established in the judgment is that an order under Section 76B(2) of the Gujarat Co-operative Societies Act, 1961 cannot be passed without first issuing a notice for breach of Se....
for any reason if a new committee or the management for any reason whatsoever is not elected before the expiry of the term or that such Committee having been held is not functioning, as is the case o....
The managing committee ceases to hold office after six years per legislative amendments, authorizing administrator appointment under Section 77A.
The Registrar must consider the reasonability of the excuse offered by the affected party before imposing disqualification or penalty under Section 75 (5) of the Act, 1960.
The Registrar's disapproval of the AGM/Election was arbitrary and lacked proper reasoning, violating the principles of natural justice.
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