Case Note & Summary
The dispute arose from the expulsion of Panchal Keshavlal Narbheram from the Jai Mahavir Co-operative Housing Society Ltd. The Society, formed in 1961, expelled Narbheram on grounds of detrimental conduct, with the expulsion approved by the Registrar of Societies. Narbheram challenged this expulsion under Section 96(1) of the Gujarat Co-operative Societies Act, 1961, leading to a series of proceedings. Initially, the Registrar's nominee dismissed Narbheram's claim, but the Tribunal later remanded the matter for a fresh decision. The appellant Society contended that the Tribunal lacked jurisdiction to review the Registrar's decision, arguing that the dispute had already been resolved. The High Court upheld the Tribunal's jurisdiction, leading to the appeal before the Supreme Court. The Supreme Court affirmed the High Court's ruling, stating that the Tribunal had the authority to examine the records of proceedings where an appeal lies. It clarified that once the Registrar made a decision on the dispute, he could not review it. The appeal was dismissed, with parties bearing their own costs.
Headnote
A) Cooperative Societies Law - Jurisdiction of Tribunal - Tribunal's Revisional Jurisdiction - Gujarat Co-operative Societies Act, 1961, Section 150(9) - Tribunal has jurisdiction to call for and examine records of proceedings where an appeal lies to it, confirming the High Court's ruling on the matter. Held that the Tribunal's jurisdiction is established post final disposal of disputes by the Registrar or his nominee (Paras 899D-E). B) Cooperative Societies Law - Review of Registrar's Decision - Competence of Registrar to Review - Gujarat Co-operative Societies Act, 1961, Section 96 - Once the Registrar exercises jurisdiction and refers a dispute to his nominee, he cannot review his earlier decision. Held that the Registrar's decision is final and not subject to review (Paras 900A-C).
Issue of Consideration
Whether the Registrar's decision in a cooperative society dispute is subject to review by the Tribunal under the Gujarat Co-operative Societies Act, 1961.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's ruling that the Tribunal had jurisdiction to examine the records of proceedings and that the Registrar could not review his earlier decision.
Law Points
- Jurisdiction of Tribunal
- Review of Registrar's Decision
- Cooperative Society Disputes
- Res Judicata
- Appeal Process
