Case Note & Summary
The petitioners, members of respondent no.2, a specified co-operative society engaged in sugar manufacturing, challenged an order dated 18th January 2011 passed by respondent no.3, the Minister, who is the appellate authority under Section 152 of the Maharashtra Co-operative Societies Act, 1960. The Minister had allowed the appeal of respondent no.2, setting aside the order dated 10th November 2010 passed by respondent no.1, the Regional Joint Director (Sugar), Kolhapur, and remanded the matter for hearing afresh. The petitioners contended that the Minister, as appellate authority, was required to decide the appeal on merits and could not simply remand the matter without considering the merits. The High Court agreed, holding that the appellate authority must adjudicate the appeal on its merits and cannot pass an order of remand without doing so. The impugned order was quashed and set aside, and the matter was remanded to the Minister for fresh disposal in accordance with law, with a direction to decide the appeal expeditiously, preferably within three months from the date of receipt of the order. The writ petition was allowed accordingly.
Headnote
A) Co-operative Societies - Appellate Jurisdiction - Section 152 of Maharashtra Co-operative Societies Act, 1960 - Remand - The Minister, as appellate authority, set aside the Regional Joint Director's order and remanded the matter for fresh hearing without considering the merits of the appeal. The High Court held that the appellate authority must decide the appeal on merits and cannot simply remand the matter. The impugned order was quashed and the matter remanded to the Minister for fresh disposal in accordance with law. (Paras 1-5)
B) Co-operative Societies - Specified Society - Sugar Factory - Members' Rights - Petitioners, members of a specified co-operative sugar factory, challenged the Minister's order. The Court held that the Minister's order was without jurisdiction as it did not decide the appeal on merits. (Paras 1-5)
Issue of Consideration
Whether the Minister, as appellate authority under Section 152 of the Maharashtra Co-operative Societies Act, 1960, could set aside the Regional Joint Director's order and remand the matter for fresh hearing without adjudicating the appeal on merits.
Final Decision
The writ petition is allowed. The impugned order dated 18th January 2011 passed by respondent no.3 is quashed and set aside. The matter is remanded to respondent no.3 for fresh disposal in accordance with law. Respondent no.3 is directed to decide the appeal expeditiously, preferably within three months from the date of receipt of this order. Rule is made absolute accordingly with no order as to costs.
Law Points
- Appellate authority under Section 152 of Maharashtra Co-operative Societies Act
- 1960 cannot remand matter without considering merits
- Minister's order set aside for exceeding jurisdiction
Case Details
2011 LawText (BOM) (05) 20
Writ Petition No. 1133 of 2011
Mr. Y. S. Jahagirdar, senior counsel a/w Mr. Shirniwas Sudhir Patwardhan for the petitioners; Mr. Ashutosh A. Kumbhakoni i/b Mr. Amit Borkar for respondent no.2; Mr. R. M. Patne, AGP for the State
Yuvraj Dattatraya Patil, Pratap Yeshwantrao Mane, Vikas Hambirrao Patil, Balasaheb Parsu Turambe, Dattatraya Tukaram Patil
Regional Joint Director (Sugar) Kolhapur Region, Kolhapur; Sadashivrao Mandlik Kagal Taluka Sahakari Sakhar Karkhana Ltd; State of Maharashtra
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Nature of Litigation
Writ petition challenging the order of the Minister (appellate authority) under Section 152 of the Maharashtra Co-operative Societies Act, 1960, which set aside the Regional Joint Director's order and remanded the matter for fresh hearing.
Remedy Sought
Petitioners sought quashing of the Minister's order dated 18th January 2011 and restoration of the Regional Joint Director's order dated 10th November 2010.
Filing Reason
The Minister, as appellate authority, set aside the Regional Joint Director's order and remanded the matter without deciding the appeal on merits, which the petitioners contended was beyond the appellate jurisdiction.
Previous Decisions
Regional Joint Director (Sugar) passed an order on 10th November 2010; the Minister allowed the appeal against that order on 18th January 2011 and remanded the matter.
Issues
Whether the Minister, as appellate authority under Section 152 of the Maharashtra Co-operative Societies Act, 1960, could set aside the Regional Joint Director's order and remand the matter for fresh hearing without adjudicating the appeal on merits.
Submissions/Arguments
Petitioners argued that the appellate authority must decide the appeal on merits and cannot simply remand the matter without considering the merits.
Ratio Decidendi
The appellate authority under Section 152 of the Maharashtra Co-operative Societies Act, 1960 must decide the appeal on its merits and cannot pass an order of remand without considering the merits of the case.
Judgment Excerpts
By this writ petition, the petitioners challenge the order dated 18th January 2011 passed by respondent no.3 – Minister whereby 2nd respondent’s appeal is allowed by setting aside the order dated 10th November 2010 passed by 1st respondent Regional Joint Director(Sugar) Kolhapur Region, Kolhapur and the matter is remanded for hearing afresh.
The appellate authority under section 152 of the said Act is required to decide the appeal on merits. The appellate authority cannot simply remand the matter without considering the merits of the appeal.
Procedural History
The petitioners filed a writ petition in the High Court of Judicature at Bombay challenging the order dated 18th January 2011 passed by the Minister (respondent no.3) which allowed the appeal of respondent no.2, set aside the order dated 10th November 2010 of the Regional Joint Director (respondent no.1), and remanded the matter for fresh hearing. The High Court heard the matter on April 28, 2011 and pronounced judgment on May 4, 2011.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: 152
