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ANJANI KUMAR MISHRA, JAYANT BANERJI
Committee of Management Grih Laxmi Sakhari Awas Samiti Ltd. – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Jayant Banerji, J.
1. When the matter was last listed on 6.8.2024, the following order was passed :-
With the consent of the parties this matter was heard for final disposal.
No counter affidavit has been called because the same does not appear to be required as the original record has already been produced and is available and the dispute is primarily one of jurisdiction of the respondent No.2 to pass the impugned orders.
List on 22.08.2024 for delivery of judgment.
Till that date, further proceedings consequent to the impugned orders, shall remain stayed.
The files containing original records shall be returned back after the delivery of judgment.”
2. This writ petition has been filed seeking the following reliefs:-
The Registrar's orders for removal of officers from a Cooperative Society were quashed due to lack of jurisdiction and failure to consider ongoing arbitration, emphasizing the necessity of due proces....
The Registrar's power under Section 38(1) of the Act of 1965, the distinction between Section 38 and Rule 454, and the requirement of notice and principles of natural justice in the context of the Re....
Point of Law - The principle to be applied is that there must be a injuria sine damnum and not the damnum sine injuria for taking a legal action and a legal recourse. A damage suffered has to be coup....
Removal of a managing committee under Section 78A of the Maharashtra Cooperative Societies Act requires clear evidence of misconduct and proper procedural compliance.
Procedure for conduct of inquiry and inspection - A person can be proceeded against and vested with liability only if an objective assessment of evidence and materials available on record leads to ir....
Legal action under S.78 of the Maharashtra Co-operative Societies Act must respect principles of natural justice, including the right to respond to specific charges.
The court emphasized that inquiries under Section 25 must reflect the Registrar's independent reasoning, not merely follow complaints from less than 1/3rd of society members.
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.
Duty of the officers and chief executive of a society and the nature of offences and penalties mentioned in [sub-section (4A)] shall be applicable to this sub-section also.
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