Case Note & Summary
The petitioner, Anant Ramchandra Dakshindas, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Division Bench of the Bombay High Court, Nagpur Bench. The petition challenged an order dated 24.2.2009 passed by the Divisional Joint Registrar (respondent no. 1) acting as an appellate authority under Section 152 of the Maharashtra Cooperative Societies Act, 1960. The appellate order dismissed the petitioner's appeal against an enquiry report dated 24.4.2007. Additionally, the petitioner challenged a circular dated 3.2.2003 issued by the Commissioner for Cooperation and Registrar of Cooperative Societies, which prescribed conditions for appointment of enquiry officers under Sections 83 and 88 of the Act. The petitioner also sought interim stay of a communication dated 4.9.2007 regarding attachment under Rules 107(5), 107(9), and 107(11)(k)(d) of the Maharashtra Cooperative Societies Rules, 1961. The court noted that under Chapter XVII Rule 18 (entry 12) of the Bombay High Court Appellate Side Rules, 1960, a challenge to an appellate order under Section 152 of the Act lies before a learned Single Judge. The petitioner argued that since the validity of the circular was also assailed, the Single Judge lacked jurisdiction and the matter should be heard by a Division Bench. After hearing arguments from Mr. R.B. Pendharkar, Senior Advocate for the petitioner, Ms. Bharti Dangre, Additional Government Pleader for respondents, and Mr. S.Y. Deopujari for respondent no. 9, the court held that the primary challenge was to the appellate order, and the additional challenge to the circular did not alter the jurisdictional rule. The petition was dismissed as not maintainable before the Division Bench.
Headnote
A) Jurisdiction - Division Bench vs Single Judge - Maintainability of Writ Petition - Articles 226 and 227 of Constitution of India - Challenge to appellate order under Section 152 of Maharashtra Cooperative Societies Act, 1960 lies before Single Judge under Chapter XVII Rule 18 (entry 12) of Bombay High Court Appellate Side Rules, 1960 - Petition filed before Division Bench with additional challenge to validity of circular dated 3.2.2003 - Held that the primary challenge is to the appellate order, and the circular challenge does not confer jurisdiction on Division Bench as per rules - Petition dismissed as not maintainable (Paras 1-5).
Issue of Consideration
Whether a writ petition challenging an appellate order under Section 152 of the Maharashtra Cooperative Societies Act, 1960 along with a challenge to the validity of a circular is maintainable before a Division Bench of the High Court.
Final Decision
The petition was dismissed as not maintainable before the Division Bench. The court held that the challenge to the appellate order under Section 152 of the Maharashtra Cooperative Societies Act, 1960 lies before a learned Single Judge under Chapter XVII Rule 18 (entry 12) of the Bombay High Court Appellate Side Rules, 1960, and the additional challenge to the circular does not confer jurisdiction on the Division Bench.
Law Points
- Jurisdiction of Division Bench
- Maintainability of writ petition
- Challenge to circular validity
- Appellate Side Rules interpretation
Case Details
2011 LawText (BOM) (09) 97
Writ Petition No. 4837 of 2009
B.P. Dharmadhikari, A. P. Bhangale
Mr R.B. Pendharkar, Senior Advocate with Mr Belsare, Advocate for petitioner; Ms Bharti Dangre, Additional Government Pleader for respondents No. 1,6,7 and 8; Mr S.Y. Deopujari, Advocate for respondent no. 9I, II and III
Anant Ramchandra Dakshindas
Divisional Joint Registrar and ors
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an appellate order under Section 152 of the Maharashtra Cooperative Societies Act, 1960 and a circular dated 3.2.2003.
Remedy Sought
Petitioner sought to quash the order dated 24.2.2009 passed by the Divisional Joint Registrar, declare the circular dated 3.2.2003 as unconstitutional, and stay the communication dated 4.9.2007.
Filing Reason
Petitioner was aggrieved by the dismissal of his appeal against an enquiry report and by the circular prescribing conditions for appointment of enquiry officers.
Previous Decisions
The Divisional Joint Registrar (respondent no. 1) dismissed the petitioner's appeal against the enquiry report dated 24.4.2007 via order dated 24.2.2009.
Issues
Whether the writ petition challenging an appellate order under Section 152 of the Maharashtra Cooperative Societies Act, 1960 along with a challenge to the validity of a circular is maintainable before a Division Bench of the High Court.
Submissions/Arguments
Petitioner argued that since the validity of the circular dated 3.2.2003 is assailed, the learned Single Judge lacks jurisdiction and the matter should be heard by a Division Bench.
Respondents contended that the primary challenge is to the appellate order, which lies before a Single Judge under the Appellate Side Rules.
Ratio Decidendi
The primary challenge in the petition is to the appellate order under Section 152 of the Maharashtra Cooperative Societies Act, 1960, which under the Bombay High Court Appellate Side Rules, 1960 (Chapter XVII Rule 18 entry 12) is to be heard by a Single Judge. The additional challenge to the validity of a circular does not change the jurisdictional rule, and the petition is not maintainable before a Division Bench.
Judgment Excerpts
It is not in dispute that challenge to appellate judgment mentioned supra lies before the learned single Judge of this Court because of Chapter XVII, rule 18 (entry 12) of the Bombay High Court Appellate Side Rules, 1960.
However, the petition has been filed before the Division Bench with contention that as validity of circular dated 3.2.2003 has been assailed, the learned single Judge lacks jurisdiction.
Procedural History
The petitioner filed an appeal before the Divisional Joint Registrar under Section 152 of the Maharashtra Cooperative Societies Act, 1960 against an enquiry report dated 24.4.2007. The appeal was dismissed by order dated 24.2.2009. The petitioner then filed the present writ petition before the Division Bench of the Bombay High Court, Nagpur Bench, challenging the appellate order and a circular dated 3.2.2003.
Acts & Sections
- Constitution of India: Articles 226, 227
- Maharashtra Cooperative Societies Act, 1960: Sections 83, 88, 152
- Maharashtra Cooperative Societies Rules, 1961: Rules 107(5), 107(9), 107(11)(k)(d)
- Bombay High Court Appellate Side Rules, 1960: Chapter XVII, Rules 17, 18 (entry 12)
