Case Note & Summary
The petitioner, Mrs. Glady Francis D'Souza, filed a writ petition challenging an order dated 20-1-2014 passed by the Divisional Joint Registrar, Cooperative Societies, Mumbai Division, which allowed the revision application filed by respondent No.4 (Maria D'Souza) and directed respondent No.3 society (Gulmohar CHS Ltd.) to admit respondent No.4 as a member. The dispute arose after the death of Dulcine A. D'Souza, who was a member of the society in respect of flat No.C101. The petitioner is the daughter-in-law of the deceased, and respondent No.4 is the daughter. After Dulcine's death on 21-8-2010, respondent No.4 applied for membership based on an alleged nomination. The society did not act on the application, prompting respondent No.4 to approach the Deputy Registrar under Section 22(2) of the Maharashtra Cooperative Societies Act, 1960. The Deputy Registrar, by order dated 23-7-2012, refused to direct the society to admit respondent No.4. Respondent No.4 then filed an appeal before the Additional Commissioner under Section 23(2) of the Act, which was dismissed on 28-9-2012. Thereafter, respondent No.4 filed a revision application before the Divisional Joint Registrar under Section 154 of the Act, which was allowed on 20-1-2014, setting aside the Deputy Registrar's order and directing the society to admit respondent No.4. The petitioner challenged this revisional order. The High Court examined the issue of jurisdiction. It noted that the Deputy Registrar's order dated 23-7-2012 had been challenged before the Additional Commissioner, who dismissed the appeal on 28-9-2012. Consequently, the order of the Deputy Registrar merged with the order of the Additional Commissioner. The revisional authority under Section 154 could only entertain a revision against an order that was still in existence. Since the order had merged, the revision was not maintainable. The Court held that the Divisional Joint Registrar had no jurisdiction to entertain the revision. Accordingly, the writ petition was allowed, the impugned order dated 20-1-2014 was quashed and set aside, and the order of the Deputy Registrar dated 23-7-2012 was restored. The Court clarified that it had not expressed any opinion on the merits of the rival claims of the parties regarding membership, and left it open to the parties to seek appropriate remedies in accordance with law.
Headnote
A) Cooperative Law - Revision Jurisdiction - Doctrine of Merger - Section 154, Maharashtra Cooperative Societies Act, 1960 - The Divisional Joint Registrar cannot entertain a revision against an order that has merged with a higher order passed by the Additional Commissioner under Section 23(2) of the Act. The Deputy Registrar's order dated 23-7-2012 refusing membership to the respondent No.4 was challenged before the Additional Commissioner, who dismissed the appeal on 28-9-2012. Thereafter, the respondent No.4 filed a revision before the Divisional Joint Registrar, who allowed it and directed admission. The High Court held that once the order of the Deputy Registrar merged with the order of the Additional Commissioner, the revisional authority had no jurisdiction to entertain the revision. (Paras 4-6) B) Cooperative Law - Membership - Nomination vs. Succession - Sections 22(2), 30, Maharashtra Cooperative Societies Act, 1960 - The dispute pertains to the right to membership of a cooperative housing society after the death of the original member. The petitioner (daughter-in-law) claimed membership based on a Will, while the respondent No.4 (daughter) claimed based on a nomination. The Court did not decide the merits of the nomination or Will, but set aside the revisional order on jurisdictional grounds, leaving the parties to seek appropriate remedies. (Paras 3, 7)
Issue of Consideration
Whether the Divisional Joint Registrar had jurisdiction to entertain a revision application under Section 154 of the Maharashtra Cooperative Societies Act, 1960 against an order passed by the Deputy Registrar under Section 22(2) of the said Act, when the said order had merged with the order of the Additional Commissioner?
Final Decision
The writ petition is allowed. The impugned order dated 20-1-2014 passed by the Divisional Joint Registrar is quashed and set aside. The order dated 23-7-2012 passed by the Deputy Registrar is restored. Rule is made absolute accordingly. No order as to costs.
Law Points
- Revision jurisdiction under Section 154 of Maharashtra Cooperative Societies Act
- 1960
- cannot be invoked against an order that has merged with a higher order
- Doctrine of merger
- Section 22(2) of Maharashtra Cooperative Societies Act
- Nomination under Section 30 of Maharashtra Cooperative Societies Act
- Succession rights of legal heirs versus nominees
