Case Note & Summary
The New India Cooperative Housing Society filed a writ petition challenging an order dated 29 June 2015 passed by the Sub-Registrar of Cooperative Societies, which directed an authorized officer to record the membership of Respondent No.3 with police assistance. The controversy arose from the deemed membership of Respondent No.3 under Section 23 of the Maharashtra Cooperative Societies Act, 1960. The Deputy Registrar had allowed Respondent No.3's application for deemed membership on 7 August 2006. The society challenged this order before the Divisional Joint Registrar, who dismissed the challenge on 11 May 2007. The society then filed Writ Petition No.4567 of 2007 before the Bombay High Court, which was dismissed on 1 February 2013. An SLP from that order was dismissed by the Supreme Court on 23 April 2019. Despite these affirmations, the society did not implement the order, claiming that its SLP was pending. On Respondent No.3's application, the Deputy Registrar issued directions under Section 79 of the Act for enforcement. The society resisted, arguing that the Deputy Registrar had no power under Section 79 to enroll or record membership. Ultimately, the Sub-Registrar passed the impugned order under Section 80(2) of the Act, directing police assistance to enforce the membership. The society challenged this order on the ground that Section 79(2) does not empower the Registrar to implement a deemed membership order. The court held that the Sub-Registrar had the power under Section 79(2) of the Act to enforce the order, and the incorrect citation of Section 80(2) did not invalidate the order. The court noted that the order of deemed membership had attained finality after being upheld by the High Court and the Supreme Court, and the society was bound to implement it. The writ petition was dismissed, and the impugned order was upheld.
Headnote
A) Cooperative Societies - Deemed Membership - Enforcement - Section 79(2) Maharashtra Cooperative Societies Act, 1960 - The Registrar or his nominee has power under Section 79(2) to enforce an order of deemed membership passed under Section 23 of the Act, including by directing police assistance to access society records. The incorrect citation of Section 80(2) in the order does not invalidate it if the power exists under another provision. (Paras 2, 5-6) B) Cooperative Societies - Jurisdiction - Incorrect Citation of Section - Validity - Section 79(2) Maharashtra Cooperative Societies Act, 1960 - An order passed under an incorrect section is not void if the authority had the power to pass it under a different section. The court may treat the order as passed under the correct provision. (Para 5) C) Cooperative Societies - Deemed Membership - Finality - Res Judicata - Section 23 Maharashtra Cooperative Societies Act, 1960 - Once an order of deemed membership has been affirmed by the High Court and the Supreme Court, it attains finality and cannot be re-agitated. The society is bound to implement it. (Paras 3, 7)
Issue of Consideration
Whether the Sub-Registrar of Cooperative Societies had the power under Section 79(2) of the Maharashtra Cooperative Societies Act, 1960 to enforce an order of deemed membership by directing police assistance, and whether the impugned order citing Section 80(2) was valid.
Final Decision
The writ petition is dismissed. The impugned order dated 29 June 2015 passed by the Sub-Registrar of Cooperative Societies is upheld. The court held that the Sub-Registrar had the power under Section 79(2) of the Maharashtra Cooperative Societies Act, 1960 to enforce the deemed membership order, and the incorrect citation of Section 80(2) does not invalidate the order.
Law Points
- Section 79(2) of Maharashtra Cooperative Societies Act
- 1960 empowers Registrar to enforce orders of deemed membership
- Section 80(2) is not applicable for enforcement
- incorrect citation of section does not invalidate order if power exists under another provision
