Case Note & Summary
The matter comprised a group of writ petitions filed by various District Supervision Cooperative Societies and Taluka Supervision Cooperative Societies against the State of Maharashtra and its officers. The petitioners challenged multiple circulars and orders, primarily dated 28th October 2005, 19th October 2005, 17th December 2005, and earlier orders from 1996, which directed District Central Cooperative Banks to contribute to the Cooperative State Cadre Employment Fund. The genesis of the dispute lay in Section 69A of the Maharashtra Co-operative Societies Act, 1960, introduced in 1975 to create a supervision cadre for primary agricultural credit and multipurpose cooperative societies. The State Government, after appointing the Shamrao Kadam Committee, accepted its recommendations via a Government Resolution dated 13th October 1989, leading to the preparation of model byelaws for supervision societies. The petitioners, having adopted these byelaws, objected to the impugned directives. The High Court of Bombay, after hearing the parties, reserved judgment on 17th March 2010 and pronounced it on 22nd April 2010. The court examined the common legal issue in the context of the statutory framework and the earlier government decisions.
Headnote
A) Cooperative Law - Supervision Societies - Section 69A, Maharashtra Co-operative Societies Act, 1960 - The petitioners, District Supervision Cooperative Societies, challenged circulars dated 28.10.2005, 19.10.2005, 17.12.2005 and predecessor orders, which required contributions to the Cooperative State Cadre Employment Fund. The background involved the Shamrao Kadam Committee report of 1989 and the adoption of model byelaws. The court considered the common issue raised in the petitions (Paras 1-5).
Issue of Consideration
Validity of circulars and orders directing District Central Cooperative Banks to contribute to the Supervision Fund as per Section 69A of the Maharashtra Co-operative Societies Act, 1960.
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
- Section 69A
- Maharashtra Co-operative Societies Act
- 1960
- Cooperative State Cadre Employment Fund
- Model Byelaws for District Cooperative Supervision Societies
