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AMIT BORKAR
Dattatraya Mahadev Ugale – Appellant
Versus
State of Maharashtra – Respondent
ORAL JUDGMENT
Amit Borkar, J. - The challenge in this writ petition is to the order passed by respondent No.2 granting a stay to the order dated 31 October 2023 passed by the Regional Joint Director (Sugar)-respondent No.4 in the exercise of power under Section 81(3)(c) of the Maharashtra Cooperative Societies Act, 1960 ("the said Act") appointing respondent No.5 as Special Auditor for conducting a test audit of respondent No.6-society.
2. The petitioners are the complainants at whose instance respondent No.4 passed an order under Section 81(3)(c) of the said Act. The petitioners approached respondent No.2 for issuance of direction to respondent No.3 to direct respondent No.4 to conduct a test audit of respondent No.6 - Society. In furtherance of such directions, respondent No.4 passed an order dated 31 October 2023 appointing Respondent No.5 as Special Auditor to conduct a test audit of Respondent No.6. respondent No.6 challenged the order dated 31 October 2023 before Respondent No.1 by invoking power under Section 154 of the said Act. Respondent No.1, by the impugned order, granted a stay to the order dated 31 October 2023. Hence, the petitioners have filed a present writ petition.
An order under Section 81(3)(c) of the Maharashtra Cooperative Societies Act is administrative and not quasi-judicial, thus not subject to revision under Section 154.
Findings in re-audit reports under the Maharashtra Co-operative Societies Act do not constitute a 'decision' or 'order' and are not subject to revision under Section 154.
Special Report under Section 81(5B) and order directing Section 88 inquiry are preliminary administrative steps, not orders/decisions affecting rights, hence not amenable to revision under Section 15....
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, emphas....
The Registrar's authority under S.80-A includes revising decisions without the constraint of pending proceedings, mandating adherence to procedural fairness.
Ex parte Order - Review of order of appellate authority - Power under Section 152 of Code are neither to be equated with power of review nor can be said to be akin to review or even said to clothe th....
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