Case Note & Summary
The writ petition under Articles 226 and 227 of the Constitution of India challenged an order passed by the Divisional Deputy Registrar (DDR) of Co-operative Societies, dissolving the managing committee of Jalgaon Zilla Dudh Utpadak Sangh Ltd., a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960. The petitioners were the elected managing committee members whose term had expired during the COVID-19 pandemic, but elections had been postponed by the State Government until 30-09-2022. The society had prepared a provisional voters' list and deposited election expenses, and an election programme was declared on 27 June 2022. However, on 29 July 2022, the DDR passed the impugned order under Section 77A of the Act, dissolving the petitioners' committee and appointing 11 new members (respondents 6 to 15) as an administrative committee. The petitioners alleged that the order was passed at the behest of the Chief Minister and the State Government, with mala fide intent, because the petitioners belonged to an opposition political party. They pointed to a communication dated 28 July 2022 from the Deputy Secretary to the Joint Registrar and DDR, directing them to dissolve the committee and constitute a new one as per the Chief Minister's directions, and naming the 11 new members. The DDR initially responded on the same day expressing his strong opinion that Section 77A was not applicable, but on the very next day passed the order, relying on the government's communication without any independent enquiry. The State and the newly appointed members argued that the DDR exercised quasi-judicial power due to gross mismanagement, that the petitioners' term had expired, and that an alternate remedy of appeal under Section 152 of the Act was available, making the writ petition not maintainable. The court held that the impugned order was vitiated by extraneous considerations and lack of independent decision-making, as the DDR acted on the instructions of the Chief Minister rather than his own satisfaction as required under Section 77A. The court further held that the existence of an alternate remedy did not bar writ jurisdiction when the order was fundamentally illegal, a nullity, and passed in flagrant violation of natural justice. Consequently, the court quashed and set aside the order dated 29-07-2022, allowed the writ petition, and made the rule absolute. The civil application was disposed of.
Headnote
A) Cooperative Societies - Dissolution of Managing Committee - Section 77A, Maharashtra Co-operative Societies Act, 1960 - Quasi-Judicial Power Must Be Exercised Independently - The Divisional Deputy Registrar passed order dissolving committee and appointing new members based on written communication from Deputy Secretary directing dissolution as per Chief Minister's directions, not on independent satisfaction - Held: Quasi-judicial power vitiated by extraneous consideration and non-application of mind (Paras 4-6) B) Constitutional Law - Writ Jurisdiction - Alternate Remedy - Article 226 - When Exhaustion Not Required - Respondent argued writ not maintainable due to availability of appeal under Section 152 - Held: Since order was fundamentally illegal, a nullity, and passed in flagrant violation of natural justice, existence of alternate remedy does not bar writ jurisdiction (Paras 8, 11) C) Administrative Law - Principles of Natural Justice - Section 77A proviso - Requirement of Notice - Though second proviso dispenses with notice if immediate action is required, the DDR initially opined that Section 77A was not applicable, then changed stance without any independent enquiry - Held: Action was malafide and in colourable exercise of power (Paras 5-7) D) Cooperative Societies - Election - Postponement Due to COVID-19 - Petitioners' term expired, but elections postponed by State until 30-09-2022; despite election program declared, government sought to replace committee - Held: The order was motivated by political change, not by any failure to elect (Paras 3, 6)
Issue of Consideration
Whether the order dated 29-07-2022 passed by the Divisional Deputy Registrar under Section 77A of the Maharashtra Co-operative Societies Act, 1960, dissolving the petitioners' managing committee and appointing a new administrative committee, was vitiated by malafides, violation of natural justice, and lack of independent decision-making due to directions from the Chief Minister and State Government.
Final Decision
Writ petition allowed. Impugned order dated 29-07-2022 passed by respondent no.4 - Divisional Deputy Registrar is quashed and set aside. Rule made absolute. Civil Application No. 11860 of 2022 stands disposed of.
Law Points
- Legal points not extracted
- quasi-judicial power must be exercised independently
- not on extraneous instructions
- order dictated by superior authority is void
- existence of alternate remedy does not bar writ jurisdiction when order is fundamentally illegal and violates natural justice
