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VIVEK AGARWAL
Banwar Machhua Sahkari Samiti Ltd. Banwar Block Jabera, District Damoh – Appellant
Versus
Machhua Sahkari Samiti Parswaha – Respondent
ORDER
1. Petitioner/Banwar Machhua Sahkari Samiti Limited is aggrieved of order dated 6.10.2016 passed by the Joint Registrar, Cooperative Societies, Sagar Division Sagar in Case No.78-41/2015 rejecting the appeal filed by the petitioner/Society against the change of its area of operation. Petitioner/Society is also aggrieved of order dated 14.6.2019 passed by the State Cooperative Tribunal, Bhopal in Second Appeal No.136/2016.
2. Learned counsel for the petitioner/Society submits that the petitioner/Society was registered in the year 2000. Its area of operation was Village-Banwar & Village-Parswaha. Later on, without issuing any notice under Section 12(1) of the M.P.Cooperative Societies Act, 1960 (for short "Act of 1960"), that area of operation was altered by the Officers of the Cooperative Societies and Village-Parswaha was withdrawn from the area of operation of the petitioner/Society so to cause undue benefit to the private respondent/Society. Neither any notice under section 12(1) of the Act of 1960 was issued to the petitioner/Society nor there is any notice brought on record by the respondents to show that any notice was issued in compliance of section 12(1) of the Act of 19
Compliance with the prescribed procedure and criteria under Section 4 of the Gujarat Cooperative Societies Act 1961 is essential for the registration of cooperative societies.
The main legal point established in the judgment is the requirement for a proper inquiry under relevant sections of the Gujarat Co-operative Societies Act, 1961 before cancelling the registration of ....
Deregistration under Section 21A of the Act can only be based on specified statutory grounds and not on extraneous considerations. The right to form association cannot be jeopardized based on non-sta....
Members of a cooperative society must be given an opportunity to voice objections to proposed amendments to bye-laws, ensuring procedural fairness in governance.
An appeal under Section 152 of the Maharashtra Cooperative Societies Act is maintainable against an order of registration made under Section 9, as the registration process is governed by the MCS Act.
A competing co-operative society lacks locus standi to challenge another's registration unless it suffers a legal wrong, underscoring the principle that competition must be encouraged.
The principles of natural justice are situational and must ensure substantial injury is assessed in each case.
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