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A. S. CHANDURKAR, JITENDRA JAIN
Kalaskarwadi Vividh Karyakari Seva Sahakari Sanstha Maryadit Kalaskarwadi, Tandali – Appellant
Versus
State of Maharashtra through the Hon’ble Minister for Cooperation, Marketing & Textile – Respondent
JUDGMENT :
Jitendra Jain, J.
1. Rule. Since, the pleadings are completed, by consent of the parties, all three petitions are heard finally.
2. These three writ petitions mounts a common challenge to the Government Corrigendum No.SSV-911/Case no.1047/2-dated 14th February 2017 issued by Respondent No.1-Ministry of Cooperation, Marketing & Textile. Since the issues raised in all the petitions are common, same is disposed of by common order.
3. Petitioners are registered Co-operative Societies in various villages who are aggrieved by the impugned corrigendum. There are three Civil Applications filed in Writ Petition No.3712 of 2017 who are seeking to intervene in the present lis to oppose the Petitioner and in support of the impugned corrigendum.
4. Petitioners seek to challenge the authority of Respondent No.1 to issue impugned corrigendum dated 14th February 2017 to the Government Resolution dated 23rd September 2013, whereby in clause (1) of the Government Resolution dated 23rd September 2013, which states that there should be “only one” Primary Agricultural Credit Cooperative Society (PACCS) in one Revenue Village is now sought to be replaced by following clauses 1, 1A and 1B which is
A corrigendum cannot substantively alter existing policy without following proper legal procedures, as established by constitutional and administrative law.
The Competent Authority cannot issue a Corrigendum that materially alters a previous order without proper jurisdiction and adherence to natural justice principles.
A corrigendum under the MOFA is limited to correcting typographical errors and cannot be used to substantively review prior orders.
The Kerala Co-operative Societies Act amendments permit government-led amalgamation of co-operative banks, balancing legislative authority against fundamental rights amidst emergent legislative needs....
The restriction on the number of directors in cooperative societies to 21 under Section 73AAA of the MCS Act is constitutional and does not violate Articles 14 or 19(1)(c) of the Constitution.
The State Government has the authority to appoint the implementing agency for development works as per the Government Resolution dated 27.03.2015, and the change of implementing agency did not violat....
Re-promulgation of Ordinances - Petitioners are not entitled to a declaration that the Kerala Co-operative Societies Ordinances from Ordinances is a colourable exercise of power and is an abuse of co....
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....
The Registrar lacks authority to delete areas from existing co-operative societies to facilitate new establishments, emphasizing that PACSs can coexist in the same area under the Karnataka Co-operati....
A corrigendum issued to correct a typographical error has retrospective effect and does not alter vested rights under the Rajasthan Rent Control Act.
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