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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Harish Arora – Appellant
Versus
Deputy Registrar of Cooperative Societies – Respondent
| Table of Content |
|---|
| 1. petition initiated by committee members challenging orders. (Para 1) |
| 2. overview of the society's history and events leading to dispute. (Para 2 , 3 , 4) |
| 3. inquiry initiated leading to disqualification order. (Para 5 , 6 , 8) |
| 4. contention raised regarding failure of natural justice. (Para 9 , 10) |
| 5. legal basis for challenging disqualification order. (Para 11 , 12 , 13 , 14) |
| 6. discussion on maintainability of writ petition. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 7. exceptions to jurisdictional rules regarding alternate remedies. (Para 21 , 22 , 23 , 24) |
| 8. court outlines grounds for jurisdiction despite alternate remedies. (Para 25 , 26 , 27) |
| 9. assessment of consequences of disqualification order. (Para 28 , 29 , 30 , 31) |
| 10. clarification of the nature of the government resolution. (Para 32 , 33 , 34) |
| 11. interpretation of powers under section 79a. (Para 35 , 36 , 37) |
| 12. guidance on compliance with government resolutions. (Para 38 , 39 , 40) |
| 13. recent rulings concerning compliance and consequences. (Para 41 , 42 , 43 , 44 , 45) |
| 14. court reiterates evaluative stance on compliance. (Para 46 , 47 , 48) |
| 15. court affirms binding nature of its judgments. (Para 49 , 50) |
| 16. judic |
Government resolutions under the Maharashtra Cooperative Societies Act are directory, not mandatory, and disqualification requires valid procedural compliance and adherence to principles of natural j....
Disqualification of committee members requires clear show cause notices, and alternative remedies must be exhausted before seeking writ relief, affirming the importance of natural justice in administ....
Removal of a managing committee under Section 78A of the Maharashtra Cooperative Societies Act requires clear evidence of misconduct and proper procedural compliance.
The main legal point established in the judgment is the requirement to adhere to principles of natural justice, including providing detailed reasons for decisions and ensuring proper notice and consu....
The court affirmed that the Registrar must prioritize internal management over external control in co-operative societies, using outside appointments only as a last resort.
The main legal point established in the judgment is that an order under Section 76B(2) of the Gujarat Co-operative Societies Act, 1961 cannot be passed without first issuing a notice for breach of Se....
for any reason if a new committee or the management for any reason whatsoever is not elected before the expiry of the term or that such Committee having been held is not functioning, as is the case o....
The court established that disqualification of elected members without a fair hearing violates principles of natural justice, necessitating a proper inquiry process before any punitive action can be ....
The court affirmed that repeated failures to comply with statutory duties under the Maharashtra Co-operative Societies Act justify disqualification of the entire Managing Committee to ensure transpar....
Provisions of Section 76(B(2) would stand somewhat on different footing. This Court when is taking a view that action could be initiated under subsection (2) only after passing order of removal, issu....
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