Case Note & Summary
The judgment arises from four writ petitions (WP 1800/2012, 1801/2012, 1802/2012, 1803/2012) before the Bombay High Court. The petitioners include Sadashivrao Mandalik Kagal Taluka Sahakari Sakhar Karkhana Ltd. and individuals Methe Vijay Jyoti & Others and Jadhav Amol Ramkrishna & Others. The respondents are the Regional Joint Director (Sugar), Kolhapur Region, and others. The core legal issue is whether the Secretary in the Ministry of Corporation has jurisdiction to hear and decide appeals under the Maharashtra Cooperative Societies Act, 1960 (MCS Act). The learned Single Judge (R.M.S. Khandeparkar J.) in the case of Shri Ravindra V. Gaikwad & others v. State of Maharashtra & others had held that Rule 105 of the MCS Rules, 1961, which allows the Secretary to hear appeals, cannot override the provisions of the Act. The present judge, G.S. Godbole J., disagreed with that view and, while disposing of the writ petitions, passed a separate order requesting the Chief Justice to refer the question to a larger bench. The judgment notes that Rule 105 states appeals to the State Government may be heard by the Secretary, Additional Secretary, or Deputy Secretaries to Government, Cooperation and Rural Development Department. The judge found the reasoning in Ravindra Gaikwad (supra) to be incorrect and thus sought a reference.
Headnote
A) Cooperative Law - Appellate Jurisdiction - Secretary's Authority - Maharashtra Cooperative Societies Act, 1960 - Rule 105 of MCS Rules 1961 - The learned Single Judge in Ravindra Gaikwad held that Rule 105 cannot override the Act and the Secretary lacks jurisdiction to hear appeals under the MCS Act. The present judge disagreed and referred the matter to a larger bench. (Paras 1-3)
Issue of Consideration
Whether the Secretary in the Ministry of Corporation has jurisdiction to hear and decide appeals filed under the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The judge disposed of the writ petitions but passed a separate order requesting the Hon'ble Chief Justice to make a reference to a Larger Bench on the question of the Secretary's appellate jurisdiction under the MCS Act.
Law Points
- Rules cannot override Act
- Appellate jurisdiction must be conferred by statute
- Rule 105 of MCS Rules 1961
Case Details
Writ Petition No. 1800 of 2012 with Writ Petition No. 1801 of 2012, Writ Petition No. 1802 of 2012, Writ Petition No. 1803 of 2012
Mr. A. A. Kumbhakoni with Mr. Amit Borkar for Petitioners in WP 1800/2012 and WP 1801/2012; Mr. Venkatesh Dhond, Sr. Advocate with Mr. Amit Shete for Petitioners in WP 1802/2012 and WP 1803/2012; Ms. P. S. Cardozo, AGP for Respondent No.1; Mr. P. K. Dhakephalkar, Sr. Advocate with Mr. V. B. Rajure for Respondent No.2
Sadashivrao Mandalik Kagal Taluka Sahakari Sakhar Karkhana Ltd. (in WP 1800/2012 and WP 1801/2012); Methe Vijay Jyoti & Others (in WP 1802/2012); Jadhav Amol Ramkrishna & Others (in WP 1803/2012)
Regional Jt. Director (Sugar), Kolhapur Region, Kolhapur & Others
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Nature of Litigation
Writ petitions challenging orders under the Maharashtra Cooperative Societies Act, 1960, with a preliminary issue regarding the jurisdiction of the Secretary to hear appeals.
Remedy Sought
Petitioners sought to challenge the appellate authority's jurisdiction; the judge sought reference to a larger bench on the legal question.
Filing Reason
Disagreement with the view in Ravindra Gaikwad that the Secretary lacks jurisdiction to hear appeals under the MCS Act.
Previous Decisions
The learned Single Judge in Ravindra Gaikwad held that Rule 105 cannot override the Act and the Secretary has no jurisdiction.
Issues
Whether the Secretary in the Ministry of Corporation has jurisdiction to hear and decide appeals under the MCS Act, 1960.
Submissions/Arguments
Petitioners argued that Rule 105 of MCS Rules, 1961 confers jurisdiction on the Secretary to hear appeals.
The learned Single Judge in Ravindra Gaikwad rejected that argument, holding that rules cannot override the Act.
Ratio Decidendi
Rules framed under an Act cannot override the provisions of the Act itself; the appellate jurisdiction must be conferred by the statute, not by rules.
Judgment Excerpts
The argument based on Rule 105 has been rejected by the learned Single Judge who has decide the case of Ravindra Gaikwad (supra) that the following reasons contained in paragraph 21 of the said Judgment...
Rule 105 of the MCS Rules, 1961 reads thus: '105. Constitution of authority by the State Government to hear appeals which lie to that Government. The appeals which let to the State Government under the Act may be heard by [the Secretary, the Additional Secretary or any of the Deputy Secretaries to Government, Cooperation and Rural Development Department.]'
Procedural History
The writ petitions were filed in 2012. The judge heard them and, while disposing, disagreed with the earlier Single Judge decision in Ravindra Gaikwad (2002) and requested a reference to a larger bench.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960:
- Maharashtra Cooperative Societies Rules, 1961: Rule 105
