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S. G. CHAPALGAONKAR
Madhura Mukul Gandhe – Appellant
Versus
Cabinet Minister for Co-Operation Maharashtra State – Respondent
JUDGMENT :
S.G. Chapalgaonkar, J.
1. Rule. Rule made returnable forthwith. By the consent of the parties, matters are taken up for final hearing at the stage of admission.
2. The petitioners in respective Writ Petitions approaches this Court under Article 227 of the Constitution of India impugning order dated 29.07.2015 passed by the Hon’ble Cabinet Minister for Co-operation, in Revision Applications filed by the Ahmednagar Merchant’s Co-operative Bank Ltd. Ahmednagar i.e. respondent no.4.
3. Petitioners contend that they are investors or account holders of respondent no.4-Bank and having regular transactions with bank. Respondent no.4 operates in entire Ahmednagar District, admits individual members, who are found compliant of conditions stipulated under Section 22 of the Maharashtra Co-operative Societies Act, 1960 (for short ‘M.C.S. Act, 1960’) and bye-laws. The petitioners claims eligible to be admitted as members.
4. The petitioners preferred applications seeking membership alongwith requisite documents and Demand Drafts towards membership fees. The respondent no.4-Bank never communicated any deficiency in their applications. However, Director board of respondent no.4-Bank passe
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....
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....
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....
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....
Co-operative society cannot refuse membership under Section 23 of MCS Act on grounds of non-residential use, lease prior consent breach, or unauthorised construction unless expressly disqualifying un....
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