Case Note & Summary
The petitioner, Shree Natwar Co-operative Housing Society Ltd., challenged an order dated 23rd May 2017 passed by the Divisional Joint Registrar, Cooperative Societies, Mumbai Division, in Revision Application No.267 of 2014. The Divisional Joint Registrar had allowed the revision filed by respondent Nos.1 and 2 (Lalmohan Ghosh and Subarana Lalmohan Ghosh) and set aside the order dated 30th January 2013 passed by the Assistant Registrar, Cooperative Society, C-Ward, Mumbai, under Section 23(2) of the Maharashtra Cooperative Societies Act, 1960. The Assistant Registrar had rejected the application of respondent Nos.1 and 2 for membership of the petitioner-society. The petitioner contended that the Divisional Joint Registrar exceeded his revisional jurisdiction by re-appreciating the evidence and substituting his own view, without finding that the Assistant Registrar's order was perverse or illegal. The High Court agreed, holding that the revisional power under Section 154 of the Act is limited to correcting errors of law or jurisdiction, and does not permit re-appreciation of evidence. The court quashed the impugned order and restored the Assistant Registrar's order, with no order as to costs.
Headnote
A) Cooperative Societies - Membership Dispute - Section 23(2) of Maharashtra Cooperative Societies Act, 1960 - Revisional Jurisdiction - The Assistant Registrar, after hearing parties, rejected the application for membership. The Divisional Joint Registrar, in revision, set aside that order by re-appreciating evidence. The High Court held that the revisional authority cannot substitute its own view unless the original order is perverse or illegal. The revision was allowed without any finding of perversity, thus exceeding jurisdiction. (Paras 1-7) B) Cooperative Societies - Revisional Powers - Section 154 of Maharashtra Cooperative Societies Act, 1960 - Scope - The revisional power under Section 154 is akin to that under Section 115 of CPC, limited to correcting errors of law or jurisdiction. The Divisional Joint Registrar's order was quashed as it amounted to re-appreciation of evidence, which is impermissible. (Paras 5-7)
Issue of Consideration
Whether the Divisional Joint Registrar, in exercise of revisional jurisdiction under Section 154 of the Maharashtra Cooperative Societies Act, 1960, could re-appreciate the evidence and set aside the order of the Assistant Registrar passed under Section 23(2) of the Act, without finding that the order was perverse or illegal.
Final Decision
The High Court allowed the writ petition, quashed the impugned order dated 23rd May 2017 passed by the Divisional Joint Registrar, and restored the order dated 30th January 2013 passed by the Assistant Registrar. Rule made absolute with no order as to costs.
Law Points
- Revisional jurisdiction under Section 154 of Maharashtra Cooperative Societies Act
- 1960 is limited to correcting errors of law or perversity
- not re-appreciating evidence
- Section 23(2) of the Act empowers the Assistant Registrar to decide membership disputes after hearing parties
- The Divisional Joint Registrar cannot substitute his own view for that of the Assistant Registrar unless the order is perverse or illegal
