Case Note & Summary
The petitioners, Jayantrao Amrutrao Patil and Vilas Patingrao Patil, filed a writ petition in the High Court of Judicature at Bombay, Appellate Side, Bench at Aurangabad, challenging the cancellation of their membership in the Datta Dondwade Vividh Karyakari Seva Sahakari Society Ltd. The petitioners were members of the cooperative society but failed to pay their dues. The Assistant Registrar of Cooperative Societies, Chopada, cancelled their membership under Section 27 of the Maharashtra Cooperative Societies Act, 1960. The petitioners argued that the cancellation was illegal and without jurisdiction. The respondents, including the State of Maharashtra and the society, opposed the petition, contending that the cancellation was valid and that the petitioners had an alternative remedy of appeal. The court, after hearing arguments, held that the Registrar had the power to cancel membership for non-payment of dues and that the writ petition was not maintainable due to the availability of an alternative remedy. The court dismissed the petition, upholding the cancellation of membership.
Headnote
A) Cooperative Law - Membership Cancellation - Section 27 of the Maharashtra Cooperative Societies Act, 1960 - The Registrar has the power to cancel membership of a society for non-payment of dues. The court held that the petitioners failed to pay the dues and the cancellation was valid. (Paras 1-5) B) Writ Jurisdiction - Alternative Remedy - The court held that the writ petition is not maintainable as the petitioners have an alternative remedy of appeal under the Act. (Paras 1-5)
Issue of Consideration
Whether the Registrar of Cooperative Societies has the power to cancel the membership of a society for non-payment of dues under the Maharashtra Cooperative Societies Act, 1960, and whether the writ petition is maintainable when an alternative remedy of appeal is available.
Final Decision
The court dismissed the writ petition, upholding the cancellation of membership by the Assistant Registrar.
Law Points
- Cooperative Societies Act
- membership cancellation
- non-payment of dues
- writ jurisdiction
- alternative remedy
