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2023 Supreme(Bom) 1517

SANDEEP V. MARNE
Janhit Nagari Sahakari Pat Sanstha Maryadit, Pune – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S. S. Panchpor, i/b. Radhika Panchpor
For the Respondent: Mr. A. P. Vanarase, AGP

Judgement Key Points

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JUDGMENT:

1. Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for the parties, Petition is taken up for hearing.

2. The Petition raises an issue as to weather an inquiry into working or financial affairs of a Society can be ordered by the Registrar on the basis of an application made by a non-member. The issue arises in the light of challenge set up by Petitioner - Society to the decision of the Deputy Registrar dated 02 July 2019 appointing Special Auditor to conduct inquiry into the allegations levelled in the complaint filed by individuals who are not the members of the society. Petitioner-Society unsuccessfully challenged the decision of the Deputy Registrar dated 02 July 2019 before the Divisional Joint Registrar, who has rejected Petitioner’s Revision Application by Order dated 26 November 2019, which is also the subject matter of the challenge in the present petition.

3. Petitioner is a Cooperative Credit Society registered under the provisions of the Maharashtra Cooperative Societies Act 1960 (MCS Act). Petitioner claims to have been graded ‘A’ in various financial years and has 4986 members. One Shri. Sudhir Ramchandra Alhat, who is not

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