Case Note & Summary
The petitioners, Jogesh Pranlal Patel and another, purchased a flat in Shree Ganesh Cooperative Housing Society by a registered sale deed dated 22 January 2004 from Ms. Shantabai Shivajirao Desai. They applied for membership on the same day, and the society issued a no-objection certificate. The petitioners then applied to MHADA for approval. However, the society did not admit them as members. The petitioners filed an application under Section 22(2) of the Maharashtra Cooperative Societies Act, 1960 before the Deputy Registrar, who allowed the application on 22 November 2018, directing the society to admit them and issue share certificates. The society challenged this order before the Divisional Joint Registrar in Revision Application No.518 of 2018. The Divisional Joint Registrar, by order dated 22 October 2021, set aside the Deputy Registrar's order and remanded the matter for fresh consideration. The petitioners challenged this remand order by way of a writ petition before the Bombay High Court. The High Court examined the jurisdiction of the Divisional Joint Registrar under Section 154 of the Act. It held that the order passed by the Deputy Registrar under Section 22(2) is final and not subject to revision under Section 154. The revisional power under Section 154 does not extend to orders passed under Section 22(2). Therefore, the Divisional Joint Registrar had no jurisdiction to entertain the revision application. The impugned order was quashed and set aside as without jurisdiction. The petition was allowed, and the Deputy Registrar's order dated 22 November 2018 was restored.
Headnote
A) Cooperative Law - Membership - Section 22(2) of Maharashtra Cooperative Societies Act, 1960 - Jurisdiction of Revisional Authority - The Divisional Joint Registrar set aside the Deputy Registrar's order allowing membership and remanded the matter. The High Court held that the Deputy Registrar's order under Section 22(2) is final and not subject to revision under Section 154 of the Act, as the revisional power does not extend to orders passed under Section 22(2). The impugned order was quashed as without jurisdiction. (Paras 1-10) B) Cooperative Law - Revisional Powers - Section 154 of Maharashtra Cooperative Societies Act, 1960 - Scope - The revisional power under Section 154 is limited and does not include orders passed under Section 22(2) of the Act. The Divisional Joint Registrar exceeded his jurisdiction by entertaining a revision against such an order. (Paras 5-8)
Issue of Consideration
Whether the Divisional Joint Registrar had jurisdiction to entertain a revision application against an order passed by the Deputy Registrar under Section 22(2) of the Maharashtra Cooperative Societies Act, 1960, and whether the impugned remand order was sustainable.
Final Decision
The petition is allowed. The impugned order dated 22 October 2021 passed by the Divisional Joint Registrar is quashed and set aside. The order dated 22 November 2018 passed by the Deputy Registrar is restored.
Law Points
- Jurisdiction of Divisional Joint Registrar under Section 154 of Maharashtra Cooperative Societies Act
- 1960
- Scope of revisional powers
- Remand order without jurisdiction
- Finality of Deputy Registrar's order under Section 22(2)
