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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, CJ, BHARATI DANGRE, J.
T.s Natrajan – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
(BHARATI DANGRE, J.) :
1. The present Writ Petition is filed by a member of the Respondent No.4 – Splendor Complex Co-Operative Hsg. Soc. Ltd., Mumbai, on being aggrieved by the Government Resolution dated 29.10.2014 as well as the Circular dated 14.12.2015 issued by the Respondent No.2. The Petitioner also seek issuance of writ in nature of mandamus directing the Respondent No.3 to do all such acts, deeds, matters and things as may be required, in accordance with law upon her appointment to carry out re-audit as per the Order dated 10.11.2023 of the Respondent No.4 – Society, for the period of 2014-2015 to 2017-2018, and by way of an alternative prayer it is prayed that test audit shall be conducted instead of re-audit for the year 2018-2019, 2020-2021, 2021-2022.
2. We have heard the learned counsel Mr. Mohit Bhardwaj for the Petitioner and the learned Addl.G.P. Ms. Prachi Tatake, for the Respondent Nos.1 to 3. Advocate Mr. Ajit Anekar a/w Ms. Ashlesha Modak has represented the Respondent No.4.
By consent of the respective counsel representing the parties, we issue Rule and by making it returnable forthwith, we have taken up the Petition for final hearing.
3. The Petitioner
The court upheld that a member requesting a re-audit must bear the associated fees, affirming the society's autonomy and the validity of the Circular limiting re-audit to five years.
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.
The Registrar has the discretion to order an inquiry into the affairs of a society based on a complaint by a non-member, as per the provisions of the Maharashtra Cooperative Societies Act 1960.
The impugned order granting 15 days to submit rectification of defects was not violative of Section 82, and an opportunity of rectification under Section 82 is not a condition precedent for ordering ....
The power under Section 91 of the Code of Criminal Procedure can only be invoked during an inquiry, investigation, or trial, not during preliminary verification.
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....
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