IMPORTANT POINT
The court established that under the amended Sec. 154 of the Maharashtra Co-operative Societies Act, 1960, a second revision application is not maintainable once a revision has been exercised, emphasizing the non-concurrent nature of the revisional powers of the State Government and the Registrar.

JUDGMENT/ORDER

MANISH PITALE, J. - The present reference has come up for consideration before this Bench pursuant to order dtd. 7/12/2011, passed by a learned Single Judge of this Court. A perusal of the said order shows that in paragraphs 6 to 9, the learned Single Judge discussed the reasons why such a reference was made. Although the question for reference is not specifically framed in the referral order, a proper reading of the said order shows that the following question arises for consideration before this Bench:-

<WXY>"Whether the Full Bench judgement of this Court in the case of Shireen Sami Gadiali and another Vs. Spenta Cooperative Housing Society Limited and others, 2011 (3) Mh.L.J. 486 had correctly answered the question for consideration before the Full Bench, concerning maintainability of second revision application under the provisions of the Maharashtra Co-operative Societies Act, 1960 (MCS Act), in view of the judgements of the Supreme Court in the case of Ishwar Singh Vs. State of Rajasthan, (2005) 2 SCC 334 and Gurudassing Nawoosing Panjwani Vs. State of Maharashtra, (2016) 2 SCC 213?"</WXY>

2. A very brief reference to the facts leading to filing of the present writ petition is necessary, to appreciate the backdrop in which the referral order was passed by the learned Single Judge of this Court.

3. By the present writ petition, the petitioner Co-operative Housing Society has challenged order dtd. 21/10/2010, passed by the Minister for Co-operation, State of Maharashtra, while entertaining a second revision application under Sec. 154 of the MCS Act. One of the questions arising in the said writ petition is, as to whether such a second revision application would be maintainable, for the reason that the order made subject matter of the second revision, was itself passed by respondent No.3 - Divisional Joint Registrar of Co-operative Societies, exercising revisional jurisdiction under the very same provision i.e. Sec. 154 of the MCS Act.

4. The petitioner society had filed first revision application under Sec. 154 of the MCS Act, before respondent No.3 - Divisional Joint Registrar of Co-operative Societies, being aggrieved by orders passed by respondent No.2 - Assistant Registrar of Co-operative Societies, whereby certain directions were given to the petitioner society to induct respondent No.1 as a member of the petitioner society. The said revision application was partly allowed and one of the orders impugned before respondent No.3 - Divisional Joint Registrar, was set aside.

5. Aggrieved by the same, respondent No.1 filed second revision application under Sec. 154 of the MCS Act before the Minister for Co-operation, State of Maharashtra. The said revision application was not only entertained, but the order of the Divisional Joint Registrar dtd. 26/12/2008, was set aside. The said order is subject matter of challenge in the present writ petition.

6. As noted hereinabove, by order dtd. 7/12/2011, a learned Single Judge of this Court referred the matter to a larger Bench. It was noted in the referral order that the Full Bench of this Court in the case of Shireen Sami Gadiali and another Vs. Spenta Co-operative Housing Society Limited and others (supra) did not consider the judgement of the Supreme Court rendered earlier in the case of Ishwar Singh Vs. State of Rajasthan (supra) and also judgement of a Division Bench of this Court in the case of Gurudassing Panjwani Vs. State of Maharashtra in LPA No.55 of 2003, having taken a different view while interpreting Sec. 257 of the Maharashtra Land Revenue Code, 1966 (MLR Code).

7. Mr. Nilesh Wable, learned counsel appearing for the petitioner submitted that the Full Bench of this Court in the case of Shireen Sami Gadiali and another Vs. Spenta Co-operative Housing Society Limited and others (supra) had considered all the relevant aspects of the matter, while holding that the second revision under Sec. 154 of the MCS Act was not maintainable. It was submitted that the Full B