Case Note & Summary
The petitioners, Mrs. Lourdes Chandrahas Shetty and another, were the chairperson and secretary respectively of the Vishal Konkan Co-operative Housing Society Ltd. (Respondent No.1). They were responsible for convening the Annual General Meeting (AGM) of the society for the year 2000-01. They called the AGM on 4.8.2001, but the meeting could not proceed due to chaotic conditions created by some members and was called off. Subsequently, the petitioners sent letters to Respondent No.2 (the Deputy Registrar) requesting deputation of an officer to ensure a peaceful meeting, but no steps were taken. The petitioners then called another meeting on 10.11.2001, where the remaining subjects were discussed. However, Respondent No.2 initiated action under Section 78 of the Maharashtra Co-operative Societies Act, 1960 (the Act) and disqualified the petitioners under Section 75(5) of the Act for not holding the meeting within the stipulated period. The petitioners challenged this order before the Divisional Joint Registrar and then before the Minister, but both authorities upheld the disqualification. Hence, the petitioners filed the present writ petition. The court held that the disqualification under Section 75(5) is automatic upon failure to hold the AGM within the stipulated period, regardless of the reasons. The remedy for the office bearers is to seek extension of time from the Registrar before the expiry of the period, not to hold a meeting after the period. The petition was dismissed.
Headnote
A) Co-operative Societies - Disqualification of Office Bearers - Section 75(5) of the Maharashtra Co-operative Societies Act, 1960 - Automatic Disqualification - The failure to hold the annual general meeting within the stipulated period attracts automatic disqualification under Section 75(5), irrespective of the reasons for the failure. The remedy for the office bearers is to seek extension of time from the Registrar before the expiry of the period, not to hold a meeting after the period. (Paras 1-3) B) Co-operative Societies - Annual General Meeting - Extension of Time - Section 75 of the Maharashtra Co-operative Societies Act, 1960 - The Act provides for seeking extension of time for holding the annual general meeting from the Registrar. If the meeting could not be held due to disturbances, the office bearers should have applied for extension before the expiry of the stipulated period. (Para 3)
Issue of Consideration
Whether the disqualification of the petitioners under Section 75(5) of the Maharashtra Co-operative Societies Act, 1960 for failure to hold the annual general meeting within the stipulated period is valid, given that the meeting was called but could not proceed due to chaotic conditions created by some members.
Final Decision
The writ petition is dismissed. The order of disqualification under Section 75(5) of the Maharashtra Co-operative Societies Act, 1960 is upheld.
Law Points
- Disqualification under Section 75(5) of the Maharashtra Co-operative Societies Act
- 1960 is automatic upon failure to hold annual general meeting within the stipulated period
- even if the meeting was called but could not proceed due to disturbances
- and the remedy lies in seeking extension from the Registrar before the expiry of the period.
