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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Namdeo Suratsingh Chaudhary – Appellant
Versus
Natu Ambersingh Patil (Deceased) – Respondent
JUDGMENT:
AMIT BORKAR, J.
1. The petitioner has invoked Article 226 of the Constitution. He challenges the order of Respondent No.5. By that order, Revision Application No.458 of 2018 confirmed order dated 15 September 2018 passed by Respondent No.4 directing the name of Respondent No.1 be entered as a member of Respondent No.2 Society in place of the petitioner.
2. The facts are these. Respondent No.1 filed an application on 20 January 2018 before the Assistant Registrar. He sought deletion of the petitioner’s name and substitution of his own name in the membership records of Respondent No.2 Society. He stated that his predecessor in title, late Natu Ambarsingh Patil, was a founder member of the Society. He had been allotted Share Certificate Nos.146 to 150. Natu Patil died on 16 August 1981. Respondent No.1 claimed that the names of Natu Patil’s legal heirs were never entered in the society records. He asserted that Natu Patil had never surrendered his membership. He further stated that the original share certificates were never supplied to Natu Patil. The name of Natu Patil nevertheless appeared in the preliminary voters list during the 2017 elections of the Society.
3. Respondent N
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 requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
The Registrar has jurisdiction over disputes between a cooperative society and its members, regardless of the member's capacity in relation to the dispute.
The Deputy Registrar lacks jurisdiction to adjudicate membership and ownership disputes under Section 154B-27 of the Maharashtra Cooperative Societies Act, which only allows for enforcement of existi....
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 Assistant Registrar lacked jurisdiction to review prior decisions regarding membership induction, and the failure to notify affected members violated natural justice principles.
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
Point of Law : Parties could not have been relegated to avail the remedy provided under Section 25 (1) of the Act. In fact, the Deputy Registrar in the order impugned was not concerned only with elec....
The court affirmed that the Assistant Registrar must assess the bona fides of disputes before deciding on their referral to the Prescribed Authority under the Societies Registration Act.
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