Case Note & Summary
The appellant, Sadashivrao Mandlik Kagal Taluka Sahakari Sakhar Karkhana Ltd., a specified cooperative society engaged in sugar manufacturing, appealed against the judgment of a learned Single Judge of the Bombay High Court. The Single Judge had allowed a writ petition filed by respondent Nos.2 to 6, who were members of the appellant society, and set aside an order of remand passed by respondent No.7, the appellate authority under Section 152(a) of the Maharashtra Cooperative Societies Act, 1960. The factual background is that respondent Nos.2 to 6 applied to the appellant on 7 July 2010 for a list of its members, and on 26 July 2010 for certified copies of agenda and minutes of board meetings from 1 April 2008 to 30 June 2010. The appellant did not supply these documents. The Regional Joint Director (Sugar) (respondent No.1) directed the appellant to supply the list of members after receiving copying charges, but the documents were still not provided. Respondent Nos.2 to 6 then approached the appellate authority, which by order dated 30 December 2010 remanded the matter back to respondent No.1 for reconsideration. The appellant challenged this remand order before the High Court in Writ Petition No.1133 of 2011. The learned Single Judge allowed the writ petition and set aside the remand order. The appellant then filed the present Letters Patent Appeal. The Division Bench of the Bombay High Court, consisting of Justices P.B. Majmudar and A.A. Sayed, heard the appeal. The court noted that the appellate authority had not finally decided the issue but had only remanded the matter for reconsideration. The court held that the Single Judge ought not to have interfered with the remand order at that stage. The court observed that the members have a statutory right under Section 147 of the Act to inspect and obtain copies of the society's records, and the society cannot unreasonably deny such access. The court allowed the appeal, set aside the judgment of the Single Judge, and restored the order of remand passed by the appellate authority. The court directed respondent No.1 to decide the matter afresh in accordance with law, after giving an opportunity of hearing to all concerned parties.
Headnote
A) Cooperative Law - Right of Members to Inspect Records - Section 147 Maharashtra Cooperative Societies Act, 1960 - Members have a statutory right to inspect and obtain copies of the list of members and minutes of board meetings. The society cannot unreasonably deny access. The appellate authority's remand order for reconsideration was proper and the Single Judge ought not to have interfered. (Paras 1-10) B) Appellate Authority - Remand Power - Section 152(a) Maharashtra Cooperative Societies Act, 1960 - The appellate authority has the power to remand the matter for fresh consideration. The Single Judge's interference with the remand order was not justified as the appellate authority had not finally decided the issue but only remanded for reconsideration. (Paras 5-10)
Issue of Consideration
Whether the learned Single Judge was justified in setting aside the order of remand passed by the appellate authority under Section 152(a) of the Maharashtra Cooperative Societies Act, 1960, which had remanded the matter back to the Regional Joint Director (Sugar) for reconsideration of the issue of supply of documents to the members.
Final Decision
The appeal is allowed. The judgment and order of the learned Single Judge dated 28th June 2011 in Writ Petition No.1133 of 2011 is set aside. The order of remand passed by respondent No.7 (appellate authority) is restored. Respondent No.1 is directed to decide the matter afresh in accordance with law, after giving an opportunity of hearing to all concerned parties.
Law Points
- Right of members to inspect and obtain copies of society records
- Section 147 Maharashtra Cooperative Societies Act
- 1960
- Statutory right
- Unreasonable restrictions
- Appellate authority's power under Section 152(a)
- Remand order
- Writ jurisdiction
- Interference with remand order
