2024:BHC-AUG:13966 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3352 OF 2001 Kamadhenu Sahakari Grahanirman Sanstha Ltd., Jadhavwadi, New Market Area, Aurangabad, through its Secretary. ..Petitioner Versus

1. Suresh S/o. Narayan Madekar, Age: Major, occu.

resident of R-N 11/A, CIDCO, behind Hotel Sharad, Aurangabad;

2. The Joint Additional Registrar, Cooperative Societies, Aurangabad;

3. The Secretary, Cooperation Department, Government of Maharashtra Mantralaya, Mumbai-400032;

4. The State of Maharashtra ..Respondents ....

Mr. Madhav Ghode h/f Mr. P. K. Joshi, Advocate for Petitioner.

Mr. P. R. Katneshwarkar, Advocate for Respondent No.1.

Mr. N. D. Raje, AGP for Respondent Nos.2, 3 and 4.

…

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 12th JULY 2024..

JUDGMENT:-

1. Rule. Rule made returnable forthwith. By the consent of the parties, matter is taken up for final hearing at the stage of admission.

2. The petitioner impugns the judgment and order dated 12.08.1998 passed by the Joint Additional Registrar, Co-operative Society, Aurangabad in Appeal No.80/1997 as well as order dated 18.07.2001 passed by the Secretary, Co-operation Department, Government of Maharashtra in Revision Petition No.96/1999.

3. The petitioner is Co-operative Housing Society registered under Maharashtra Co-operative Societies Act, 1960 (for short ‘MCS Act, 1960’). The respondent no.1 was its member. The general body meeting of the Society was held on 08.12.1991, wherein it was decided that each member should contribute Rs.12,000/- towards development expenses of the Society. The respondent no.1 was present in the meeting. Neither, he deposit the amount as per resolution nor had he made application for extension of time. On 11.07.1993, the general body meeting of the Society was convened. The respondent no.1 was served with the notice of meeting. However, he deliberately remained absent at meeting. Hence, Resolution was passed on 11.07.1993 to expel him from membership on the count of his non-cooperation. The decision of the Society was referred to Taluka Deputy Registrar, Cooperative Society, Aurangabad for confirmation. On 11.08.1994, said Authority confirmed and upheld the decision of expulsion of respondent no.1. Aggrieved by the said decision, respondent no.1 filed Appeal under Section 152 of the MCS Act, 1960 before respondent no.2-Joint Additional Registrar, Co-operative Society, Aurangabad. The said Appeal came to be allowed. Then aggrieved petitioner-Society filed Revision before state, which came to be dismissed vide impugned order dated 18.07.2001. Consequently, Taluka Registrar, Co-operative Society issued communication dated 01.08.2001 to implement the decision of respondent no.2 dated 12.08.1998. Aggrieved by the aforesaid orders, the petitioner-Society has filed present Writ Petition.

4. Mr. Ghode, learned Advocate appearing for the petitioner vehemently submits that in general body meeting dated 08.12.1991, the decision was taken to contribute Rs.12,000/- per member towards development expenses of the Society. The respondent no.1 was party to such Resolution. He failed to make payment and acted contrary to the bye-laws of the Society. He had not made any application for extension of time to deposit the amount. Due to non-cooperation of respondent no.1, the Society passed Resolution dated 11.07.1993 to expel him. The cheque of Rs.7000/- was posted to respondent no.1 against his shares. However, he refused to accept the same. Thereafter, special messenger was sent with a request to accept the cheque. However, respondent no.1 refused to accede the request. Thereafter, petitioner-Society decided to implement the decision of expulsion taken in the meeting dated 11.09.1993. The reference was made to the Competent Authority, who gave sufficient opportunity to respondent no.1 to put up his stand and thereafter, passed the order affirming/upholding the decision of the Society. The Appellate Authority as well as Revisional Authority faile