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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Analysis and Conclusion:The function of the State Government under Section 7 of the Maharashtra Co-operative Societies Act, 1960, is primarily administrative but includes quasi-judicial aspects when decisions involve determining rights, exemptions, or obligations based on law and facts. The courts have consistently held that such powers, when exercised with a duty to decide rights or liabilities, are quasi-judicial in nature ["Dattatraya Mahadev Ugale VS State of Maharashtra - 2024 0 Supreme(Bom) 491"], ["SUBHAS ANNA KOOL VS DAUND TAL. SAHAKARI DUDH UTPADAK SANGH MARYADIT - Bombay"].
In the realm of cooperative societies in Maharashtra, understanding the nature of governmental powers is crucial for society members, administrators, and legal practitioners. A key question often arises: whether the function of the state government under Section 7 of the Maharashtra Co-operative Societies Act, 1960 is administrative, judicial, or quasi-judicial? This distinction impacts how decisions are challenged, the applicable remedies, and the procedural safeguards required.
Cooperative societies play a vital role in sectors like housing, agriculture, and credit. Section 7 empowers the State Government to make rules for registration, regulation, and control of these societies. But is this power purely administrative, or does it carry judicial overtones? This post delves into judicial interpretations, key precedents, and practical implications, drawing from authoritative legal documents.
The function under Section 7 is primarily administrative in nature, though it may involve quasi-judicial elements in specific contexts. Courts have consistently held that rule-making powers, like those under Section 7, are executive and policy-driven rather than adjudicatory. As outlined in legal analyses, the powers conferred under Section 7 are exercised by the State Government in a manner that is predominantly administrative. [
#MaharashtraCoopAct, #Section7Powers, #CoopLaw
For the purpose of addressing the questions involved, it is necessary to examine Section 154. Section 154 of the Maharashtra Co-operative Societies Act, 1960 pertains to the revisionary powers of the State Government and the Registrar. ... In the case of Section 154 of the Maharashtra Co-operative Societies Act, the decisions or orders referred....
While Section 6 of the said Act prescribes certain conditions of registration of a co-operative society under the said Act, Section 7 empowers the government to exempt certain societies or class of societies from any of the requirements of the said Act as to registration subject to such conditions as ... ... ( 3 ) ON the other hand, it is the case of the respondent no. 1 that the order passed by the respondent No.....
On the other hand, it is the case of the respondent No. 1 that the order passed by the respondent No.2 was in exercise of powers under Section 4 of the Maharashtra Co - operative Societies Act, 1960, hereinafter referred to as "the said Act" read with the Government Resolution dated 15 - 9 - 2005 ... While section 6 of the said Act prescribes certain conditions of registration of a co - operative#....
What is required to be discerned is the distinction between an administrative function and a quasi judicial function, for the purpose of concluding as to whether, a Writ Petition should be placed before the Division Bench or the Single Judge. 26. ... Therefore, it’s function being of quasi judicial nature, consequentially, would make it a quasi judicial authority, irrespective of the fact that oth....
The Registrar, Co-operative Societies following the circular of the State Government and in exercise of powers conferred under Section 55(1) of the Chhattisgarh Cooperative Societies Act, 1960 (for short "the Act of 1960") passed an order dated 30.8.2013 enhancing the age of superannuation of the Co-operative ... Excellent question that emanates for consideration is nature of Rule making #HL_START....
The question for consideration would be, whether the State Government was justified in setting aside the amendment so directed and passed by the learned Registrar, Co-operative Societies, under Section 55(1) of the Act of 1960? ... 8. ... Respondents No.3 to 9 herein preferred appeal before the State Government under Section 77 of the Act of 1960. ... Cynamide I....
Society in view of Section 31 of the Act of 1960. ... exercised by the Registrar under Section 55(1) of the Act of 1960 whether it is quasi-judicial decisions. ... The Registrar, Co-operative Societies, Chhattisgarh, H.Q.
Society in view of Section 31 of the Act of 1960. ... exercised by the Registrar under Section 55(1) of the Act of 1960 whether it is quasi-judicial decisions. ... The Registrar, Co-operative Societies, Chhattisgarh, H.Q.
Society in view of Section 31 of the Act of 1960. ... exercised by the Registrar under Section 55(1) of the Act of 1960 whether it is quasi-judicial decisions. ... The Registrar, Co-operative Societies, Chhattisgarh, H.Q.
Society in view of Section 31 of the Act of 1960. ... exercised by the Registrar under Section 55(1) of the Act of 1960 whether it is quasi-judicial decisions. ... The Registrar, Co-operative Societies, Chhattisgarh, H.Q.
In performing this administrative function the government cannot delve into the merits of the dispute and take upon itself the determination of the lis, which would certainly be in excess of the power conferred on it by Section 10 of the Act." 5. In Telco Convoy Drivers Mazdoor Sangh and another Vs. State of Bihar and others MANU/SC/0605/1989 : (1989) IILLJ 558 SC the Hon'ble Supreme Court has held a follows:- "Though in considering the question of making a reference under Section 10(1), the government is entitled to form an opinion as to whether an industrial dispute "exists or is apprehend....
The said Study Group has expressed the opinion that it is essential to frame regulations for redevelopment of buildings of Co-operative Housing Societies after consultation with all the constituents in the field of Co-operative Housing. Therefore the Government is issuing following directive under Section 79A of the Maharashtra Co-operative Societies Act, 1960 (Emphasis added)
It is settled law that while exercising the power Under Section 10(1) of the Act, the function of the appropriate Government is administrative function and not judicial or quasi-judicial function. In performing administrative function, the Government cannot delve into the merits of the dispute and take upon itself the determination of the lis which would certainly be in excess of the power conferred on it by Section 10 of the Act. See, of Telco Convoy Drivers Mazdoor Sangh v. State of Bihar. It is not for us to consider the sufficiency or otherwise of the said evidence and ....
To substantiate his stand he relies upon the judgment of Hon'ble Apex Court reported at A.I.R. 1968 S.C. 384, Collector, Varanasi Vs. Gauri Shanker Misra and A.I.R. 1965 S.C. 1942, M/s. Kamala Mills Ltd. Vs. State of Bombay. He also cites the ruling of Hon'ble Apex Court at A.I.R. 2002 S.C. 2158, Indian National Congress (I) Vs. Institute of Social Welfare, to point out in what situation inquiry can be said to be not quasi judicial inquiry. Paliwal argues that in view of section 13, verification and interrogation in section 13-A is a quasi judicial function and therefore only direction to re....
6 (b) In Telco Convoy Drivers Mazdoor Sangh s case (supra), the Hon bie Supreme Court has held as follows: "though in considering the question of making a reference under Section 10 (1), the Government is entitled to form an opinion as to whether an industrial dispute exists or is apprehended , but it is not entitled to adjudicate the dispute itself on merits. In performing this administrative function the Government cannot delve into the merits of the dispute and take upon itself the determination of the lis, which would certainly be in excess of the power conferred on it by Section 10 of ....
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