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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR, J
Vitthal Sahakari Kukkutpalan, Andi Kharedi Vikri & Prakriya Sangh Maryadit – Appellant
Versus
Tanaji Mahadev Patil – Respondent
JUDGMENT :
1. Both these Petitions lay a challenge to the impugned order passed by the Revisional Authority, in the purported exercise of powers under Section 154 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the said Act"), whereby the Revisional Authority has set aside the order previously passed under Section 11 of the said Act.
2. The genesis of the present dispute, as pleaded, traces back to the enrollment of one hundred and forty-three (143) members in the year 2010. According to the Petitioners, these memberships were granted in contravention of the mandatory procedure prescribed under the provisions of the said Act, the Rules framed thereunder, as well as the Bye-laws of the society. It is alleged that neither were the statutory conditions for eligibility satisfied, nor was there due scrutiny of the proposed members’ credentials, particularly on the crucial aspects of their residence within the area of operation of the society and the requirement that they be carrying on business, as mandated under the Bye-laws. The Petitioners contend that this irregular enrollment of members is the bedrock of the subsequent disputes and proceedings.
3. Cons
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....
The court established that under the Maharashtra Cooperative Societies Act, a cooperative society is obligated to accept all qualified membership applications, and any disputes regarding membership m....
The Registrar's jurisdiction under the Maharashtra Cooperative Societies Act is limited to determining eligibility based on objective facts, excluding complex disputes regarding ownership or membersh....
Membership in cooperative societies must strictly adhere to the sanctioned plan, and no membership can exceed the statutory limits established by law.
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
Cooperative society holds primary authority to decide membership applications per bye-laws, subject to Registrar appeal; regulatory committee cannot directly reject but only oversee eligibility post-....
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