Case Note & Summary
The petitioner, Maharashtra Rajya Vidyut Mandal Karmachari Sahakari Pat Sanstha Maryadit, a cooperative society, challenged the order dated 30.7.2010 passed by the Divisional Joint Registrar, Cooperative Societies, Nagpur, dismissing Revision No.516 of 2010. The revision was filed against the order dated 10.9.2009 of the Assistant Registrar, Cooperative Societies, Hingna, refusing to grant approval to the society's resolution dated 14.10.2006 removing respondent nos.3 to 6 from membership. Both authorities recorded a finding that the society failed to establish that notices of the meeting dated 14.10.2006 were served upon the respondents. In the revision, the society specifically contended that acknowledgements of service were filed but the Assistant Registrar failed to consider them. The Divisional Joint Registrar also did not address this aspect. In the writ petition, the society raised the same ground, and the respondents (nos.1 and 2) did not file a reply to this averment. The High Court, noting that the acknowledgements were not considered, set aside the impugned orders and remanded the matter to the Assistant Registrar for fresh consideration, directing that the society be given an opportunity to produce evidence of service of notice. The court also directed the Assistant Registrar to decide the matter within three months from the date of appearance of the parties.
Headnote
A) Cooperative Law - Membership Removal - Service of Notice - Maharashtra Cooperative Societies Act, 1960 - Sections 27, 154 - The petitioner society sought approval for removal of respondent members. The Assistant Registrar and Divisional Joint Registrar refused approval on the ground that service of notice of the meeting was not established. The High Court found that the petitioner had raised a specific ground that acknowledgements of service were filed but not considered. The Court held that the authorities must consider the evidence of service and remanded the matter for fresh consideration. (Paras 3-4)
Issue of Consideration
Whether the authorities below erred in refusing to grant approval for removal of members from a cooperative society without properly considering the evidence of service of notice.
Final Decision
The High Court allowed the writ petition, set aside the orders dated 30.7.2010 and 10.9.2009, and remanded the matter to the Assistant Registrar, Cooperative Societies, Hingna, for fresh consideration. The Assistant Registrar was directed to give an opportunity to the petitioner to produce evidence of service of notice and decide the matter within three months from the date of appearance of the parties.
Law Points
- Natural justice
- Service of notice
- Cooperative societies
- Membership removal
- Revision jurisdiction
- Remand
