Case Note & Summary
The Bombay High Court dealt with two writ petitions challenging an order of the Revisional Authority under Section 154 of the Maharashtra Co-operative Societies Act, 1960. The dispute originated from the enrollment of 143 members in a co-operative society in 2010, which was alleged to be irregular and in violation of the Act, Rules, and Bye-laws. The Registrar, after an inquiry under Section 89A and Section 11, found the enrollment invalid due to lack of evidence regarding residence and business activities, and directed removal under Section 25. The Appellate Authority dismissed the appeal of six affected members. However, five members filed a revision, and the Revisional Authority set aside the appellate order, relying on a certificate from the Sarpanch. The society and 40 other members challenged this revisional order. The court held that the Revisional Authority exceeded its limited jurisdiction under Section 154, which does not permit reappreciation of evidence in the absence of jurisdictional error. The certificate from the Sarpanch was not from a competent authority and could not override the concurrent findings. The court quashed the revisional order and restored the orders of the Registrar and Appellate Authority.
Headnote
A) Co-operative Law - Membership Eligibility - Section 11, 25, 89A, 154 Maharashtra Co-operative Societies Act, 1960 - Irregular Enrollment - The dispute pertained to the enrollment of 143 members in 2010 allegedly in violation of statutory procedure and bye-laws. The Registrar under Section 11 found the enrollment invalid due to lack of eligibility proof and procedural irregularities. The Appellate Authority affirmed. The Revisional Authority under Section 154 set aside the appellate order relying on a certificate from the Sarpanch. Held that the Revisional Authority exceeded its limited jurisdiction and the certificate was not from a competent authority, thus the concurrent findings were restored (Paras 1-4).
B) Co-operative Law - Revisional Powers - Section 154 Maharashtra Co-operative Societies Act, 1960 - Scope of Revision - The Revisional Authority cannot reappreciate evidence or substitute its own findings unless there is a jurisdictional error or perversity. The order of the Revisional Authority was quashed as it interfered with concurrent findings without proper justification (Paras 5-8).
Issue of Consideration
Whether the Revisional Authority under Section 154 of the Maharashtra Co-operative Societies Act, 1960 was justified in setting aside the concurrent findings of the Registrar and Appellate Authority regarding the irregular enrollment of 143 members.
Final Decision
The court allowed both writ petitions, quashed the impugned order of the Revisional Authority, and restored the orders of the Registrar and Appellate Authority.
Law Points
- Revisional jurisdiction under Section 154 of Maharashtra Co-operative Societies Act
- 1960 is limited and cannot be exercised to reappreciate evidence without jurisdictional error
- concurrent findings of fact by Registrar and Appellate Authority on membership eligibility cannot be lightly interfered with
- certificate issued by Sarpanch without authority cannot substitute statutory eligibility requirements
Case Details
2025 LawText (BOM) (3) 103
Writ Petition No.466 of 2025 and Writ Petition No.3437 of 2025
Mr. Ashutosh M. Kulkarni i/by Mr. Akshay Kulkarni for Petitioner in WP 466/2025; Mrs. M.S. Srivastava, AGP, for Respondents 7 to 9 State; Mr. Umesh R. Mankapure for Respondent nos.1 to 5; Mr. Rohan S. Mirpury for Intervenor; Mr. R.S. Mirpury for Petitioner in WP 3437/2025; Ms. Tanu N. Bhatia, AGP, for Respondents 6 to 8 State; Mr. Umesh R. Mankapure for Respondent; Mr. Ashutosh M. Kulkarni with Mr. Akshay Kulkarni for Respondent no.9.
Vitthal Sahakari Kukkutpalan, Andi Kharedi Vikri & Prakriya Sangh Maryadit, Salgare (in WP 466/2025); Satgonda Baburao Gundewadi and 39 others (in WP 3437/2025)
Tanaji Mahadev Patil and others (in both petitions)
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Nature of Litigation
Writ petitions challenging the order of the Revisional Authority under Section 154 of the Maharashtra Co-operative Societies Act, 1960, which set aside the order of the Appellate Authority and the Registrar regarding the irregular enrollment of 143 members.
Remedy Sought
The petitioners sought quashing of the Revisional Authority's order and restoration of the orders of the Registrar and Appellate Authority.
Filing Reason
The Revisional Authority set aside the concurrent findings of the Registrar and Appellate Authority that the enrollment of 143 members was irregular and invalid.
Previous Decisions
The Registrar under Section 11 of the Act found the enrollment of 143 members irregular and directed their removal under Section 25. The Appellate Authority dismissed the appeal against that order. The Revisional Authority then set aside the appellate order.
Issues
Whether the Revisional Authority under Section 154 of the Maharashtra Co-operative Societies Act, 1960 was justified in setting aside the concurrent findings of the Registrar and Appellate Authority regarding the irregular enrollment of 143 members.
Whether the certificate issued by the Sarpanch could be relied upon to establish the eligibility of the members.
Submissions/Arguments
The petitioners argued that the authorities under the Act rightly found the 143 members ineligible as there was no material to show compliance with statutory procedure and bye-laws.
The petitioners contended that the Revisional Authority erroneously relied on a certificate from the Sarpanch, who lacked jurisdiction to issue such a certificate.
The petitioners alternatively argued that even if the revisional order was valid, it could only benefit the five members who approached the Revisional Authority.
Ratio Decidendi
The Revisional Authority under Section 154 of the Maharashtra Co-operative Societies Act, 1960 has limited jurisdiction and cannot reappreciate evidence or substitute its own findings in the absence of jurisdictional error or perversity. Concurrent findings of fact by the Registrar and Appellate Authority on membership eligibility should not be lightly interfered with.
Judgment Excerpts
The Revisional Authority has erroneously placed reliance on a solitary certificate purportedly issued by the Sarpanch of the concerned village...
The benefit of the Revisional Authority’s order, even if assumed to be valid for argument’s sake, cannot be extended beyond the five members who had approached the Revisional Authority.
Procedural History
The Registrar under Section 11 of the Act found the enrollment of 143 members irregular and directed their removal under Section 25. Six affected members appealed, but the Appellate Authority dismissed the appeal on 29th April 2024. Five members then filed Revision Application No.10 of 2024, and the Revisional Authority set aside the appellate order. The society and 40 members filed writ petitions challenging the revisional order.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: Section 11, Section 25, Section 89A, Section 154
