Case Note & Summary
The petitioner, Mirajgaon Nagari Shakari Patprotha Sanstha Maryadit, through its Chairman Dnyanoba Ganpat Khetmalas, filed a Writ Petition No. 159 of 1992 before the Bombay High Court (Aurangabad Bench) challenging the order dated 10-09-1991 as amended by order dated 18-09-1991 passed by respondent No. 2, the Assistant Registrar, Cooperative Societies, Shrigonda, District Ahmednagar. The petitioner society was registered on 28-12-1988 under the Maharashtra Cooperative Societies Act, 1960, with its area of operation confined to village Mirajgaon, Taluka Karjat, District Ahmednagar. The respondent No. 1 society, Sina Parisar Nagari Sahakari Pat Santha Maryadit, through its Chairman Madhukar Ramchandra Bagade, was subsequently registered on 10-09-1991 for the same village Mirajgaon. The petitioner contended that the registration of respondent No. 1 was illegal as it violated Section 16 of the Act, which prohibits registration of a society with an area of operation overlapping with an existing society. The petitioner had raised objections before the Assistant Registrar, but the impugned orders were passed without considering them. The court examined the facts and found that the petitioner society was registered earlier and had a valid area of operation covering Mirajgaon. The Assistant Registrar failed to apply the bar under Section 16 and did not consider the petitioner's objections. The court held that the registration of respondent No. 1 society was invalid and the impugned orders were unsustainable. The writ petition was allowed, and the orders dated 10-09-1991 and 18-09-1991 were quashed and set aside. The court directed the authorities to consider the matter afresh in accordance with law, if necessary.
Headnote
A) Cooperative Societies - Registration - Overlapping Area - Section 16 of Maharashtra Cooperative Societies Act, 1960 - The petitioner society was registered on 28-12-1988 for village Mirajgaon, while respondent No. 1 society was registered on 10-09-1991 for the same village. The Assistant Registrar failed to consider the prior registration and the bar under Section 16. Held that the registration of respondent No. 1 is invalid and the impugned orders are quashed. (Paras 1-6)
B) Cooperative Societies - Writ Jurisdiction - High Court can interfere when statutory authority acts without jurisdiction or in violation of law. The impugned orders were passed without considering the petitioner's objections and the provisions of the Act. Held that the petition is allowed. (Paras 1-6)
Issue of Consideration
Whether the registration of respondent No. 1 society is valid when the petitioner society was already registered for the same area of operation, and whether the impugned orders dated 10-09-1991 and 18-09-1991 are sustainable.
Final Decision
The writ petition is allowed. The impugned orders dated 10-09-1991 and 18-09-1991 passed by respondent No. 2 are quashed and set aside. The authorities are directed to consider the matter afresh in accordance with law, if necessary.
Law Points
- Registration of cooperative societies
- overlapping area of operation
- Section 16 Maharashtra Cooperative Societies Act
- 1960
- prior registration
- validity of registration
- writ jurisdiction
Case Details
2010 LawText (BOM) (01) 276
Writ Petition No. 159 of 1992
Shri S.S. Bora for the petitioner, Shri R.N. Dhorde for respondent No. 1, Shri V.H. Dighe, Assistant Government Pleader for respondent Nos. 2 to 4
Mirajgaon Nagari Shakari Patprotha Sanstha Maryadit, Mirajgaon through its Chairman Dnyanoba Ganpat Khetmalas
1) Sina Parisar Nagari Sahakari Pat Santha Maryadit, Mairajgaon through its Chairman Madhukar Ramchandra Bagade, 2) Assistant Registrar, Cooperative Societies, Shrigonda, Dist. Ahmednagar, 3) Assistant Registrar, Cooperative Societies, Karjat, Dist. Ahmednagar, 4) State of Maharashtra
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Nature of Litigation
Writ petition challenging the order of registration of a cooperative society on the ground of overlapping area of operation and violation of Section 16 of the Maharashtra Cooperative Societies Act, 1960.
Remedy Sought
Quashing of the order dated 10-09-1991 as amended on 18-09-1991 passed by the Assistant Registrar, Cooperative Societies, Shrigonda, registering respondent No. 1 society.
Filing Reason
The petitioner society was registered earlier on 28-12-1988 for village Mirajgaon, and the respondent No. 1 society was subsequently registered for the same village, which is barred under Section 16 of the Act.
Previous Decisions
The Assistant Registrar passed the impugned orders on 10-09-1991 and 18-09-1991 registering respondent No. 1 society despite objections from the petitioner.
Issues
Whether the registration of respondent No. 1 society is valid when the petitioner society was already registered for the same area of operation?
Whether the impugned orders dated 10-09-1991 and 18-09-1991 are sustainable in law?
Submissions/Arguments
The petitioner argued that it was registered on 28-12-1988 with area of operation confined to village Mirajgaon, and the respondent No. 1 society was registered on 10-09-1991 for the same village, which is illegal and contrary to Section 16 of the Maharashtra Cooperative Societies Act, 1960.
The petitioner contended that the Assistant Registrar did not consider its objections before passing the impugned orders.
Ratio Decidendi
A cooperative society cannot be registered with an area of operation that overlaps with an existing society registered for the same area, as per Section 16 of the Maharashtra Cooperative Societies Act, 1960. The Assistant Registrar must consider objections and apply the statutory bar before granting registration.
Judgment Excerpts
It is the case of the petitioner that though the proposal of the respondent No. 1 was for the same village Mirajgaon, the Assistant Registrar, Cooperative Societies, Shrigonda, without considering the objections raised by the petitioner, passed the impugned orders.
The petitioner society was registered on 28-12-1988 and its area of operation is village Mirajgaon. The respondent No. 1 society was registered on 10-09-1991 for the same village Mirajgaon.
In view of the above, the impugned orders are quashed and set aside.
Procedural History
The petitioner filed Writ Petition No. 159 of 1992 before the Bombay High Court (Aurangabad Bench) challenging the order dated 10-09-1991 as amended on 18-09-1991 passed by the Assistant Registrar, Cooperative Societies, Shrigonda. The court heard the matter and delivered judgment on 07-01-2010.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Section 16
