Case Note & Summary
The Bombay High Court, in a common judgment, addressed two sets of questions of law referred by a learned single Judge concerning Section 154 of the Maharashtra Co-operative Societies Act, 1960. The first set of questions arose from Writ Petition No.6403 of 2010, where a co-operative housing society sought a recovery certificate under Section 101 of the Act against a member. The Deputy Registrar rejected the application, and the society filed a revision under Section 154 before the Divisional Joint Registrar, who allowed it. The questions were whether Section 154(1) confers concurrent jurisdiction on the Registrar and State Government, and whether the revisional power can be exercised only once. The second set of questions arose from Writ Petition No.7293 of 2010, concerning whether the remedy under Section 154 is available as a matter of right and whether it is an efficacious and adequate remedy. The court held that Section 154(1) does not create concurrent jurisdiction; the power is vested in the State Government and can be delegated, but both cannot exercise it simultaneously. The revisional power can be exercised only once. The remedy under Section 154 is not a matter of right but is discretionary; however, it is an efficacious alternative remedy that must be exhausted before invoking writ jurisdiction. The judgment provides clarity on the scope and limitations of revisionary powers under the Act.
Headnote
A) Co-operative Law - Revisionary Powers - Concurrent Jurisdiction - Section 154(1) Maharashtra Co-operative Societies Act, 1960 - The court examined whether the Registrar and State Government have concurrent jurisdiction under Section 154(1) - Held that the provision does not create concurrent jurisdiction; the power is vested in the State Government and can be delegated to the Registrar, but both cannot exercise it simultaneously (Paras 1-2). B) Co-operative Law - Revision - Single Exercise of Power - Section 154(1) Maharashtra Co-operative Societies Act, 1960 - The court considered whether the revisional power can be exercised twice - Held that the power can be exercised only once; a second revision is not permissible (Paras 1-2). C) Co-operative Law - Alternative Remedy - Availability as of Right - Section 154 Maharashtra Co-operative Societies Act, 1960 - The court addressed whether the remedy under Section 154 is available as a matter of right and is efficacious - Held that the remedy is not a matter of right but is discretionary; however, it is an efficacious alternative remedy that must be exhausted before invoking writ jurisdiction (Paras 3).
Issue of Consideration
Whether Section 154(1) of the Maharashtra Co-operative Societies Act, 1960 confers concurrent jurisdiction on the Registrar and State Government; whether the power of revision can be exercised only once; whether the remedy under Section 154 is available as a matter of right and is an efficacious alternative remedy.
Final Decision
The court answered the questions of law: (1) Section 154(1) does not confer concurrent jurisdiction; the power is vested in the State Government and can be delegated, but both cannot exercise it simultaneously. (2) The revisional power can be exercised only once. (3) The remedy under Section 154 is not a matter of right but is discretionary. (4) The remedy under Section 154 is an efficacious and adequate alternative remedy.
Law Points
- Concurrent jurisdiction of Registrar and State Government under Section 154(1)
- Single exercise of revisional power
- Availability of revision as a matter of right
- Efficacious alternative remedy
