Case Note & Summary
The petitioner, a cooperative housing society, filed a writ petition challenging the order of the Deputy Registrar of Cooperative Societies dated 15.10.2024, which allowed the registration of a sub-lease in favor of respondent No.4, and also challenged the amendment of bye-law 37A requiring prior consent of the society for sub-lease. The petitioner contended that the Registrar had no power to register the sub-lease and that the amendment was invalid. The respondents argued that the Registrar had jurisdiction under Section 22 of the Maharashtra Cooperative Societies Act, 1960, and that the amendment was valid. The court examined the provisions of the Act and the bye-laws, and held that the Registrar has the power to register sub-leases under Section 22, and the amendment of bye-law 37A was within the powers of the society. The court also found that the petitioner was given adequate opportunity to be heard and there was no violation of natural justice. The petition was dismissed.
Headnote
A) Cooperative Law - Bye-law Amendment - Validity - Section 22, Maharashtra Cooperative Societies Act, 1960 - The petitioner challenged the amendment of bye-law 37A requiring prior consent of the society for sub-lease. The court held that the amendment was valid and within the powers of the society, and the Registrar had jurisdiction to register the sub-lease under Section 22. (Paras 5-10) B) Cooperative Law - Registration of Sub-lease - Power of Registrar - Section 22, Maharashtra Cooperative Societies Act, 1960 - The court held that the Registrar has the power to register a sub-lease under Section 22, and the registration of the sub-lease in favor of respondent No.4 was valid. (Paras 11-15) C) Natural Justice - Quasi-Judicial Proceedings - Opportunity of Hearing - The petitioner alleged violation of natural justice. The court found that the petitioner was given adequate opportunity to be heard and there was no violation of principles of natural justice. (Paras 16-18)
Issue of Consideration
Whether the Registrar of Cooperative Societies has the power to register a sub-lease under Section 22 of the Maharashtra Cooperative Societies Act, 1960, and whether the amendment of bye-laws requiring prior consent of the society for sub-lease is valid.
Final Decision
The writ petition is dismissed. The order of the Deputy Registrar dated 15.10.2024 is upheld.
Law Points
- Registrar's power to register sub-leases under Section 22 of the Maharashtra Cooperative Societies Act
- 1960
- Bye-law amendment requiring prior consent of society for sub-lease
- Natural justice in quasi-judicial proceedings
- Maintainability of writ petition against cooperative society
