Case Note & Summary
The petitioner, a co-operative housing society registered under the Maharashtra Co-operative Societies Act, 1960, challenged an order dated 30th September 2024 passed by the Deputy Registrar of Co-operative Societies (Respondent No. 2). The order directed the society to register the third respondent, Ramesh Shippy, as a member of the society. The society contended that the third respondent was not a member and that the Registrar had no jurisdiction to decide a membership dispute. The court examined the scope of Section 23 of the Act, which empowers the Registrar to register a person as a member in certain circumstances, but held that this power is administrative and does not include the power to adjudicate disputes regarding membership. The court noted that the third respondent's claim to membership was disputed by the society, and such a dispute falls within the exclusive jurisdiction of the Co-operative Court under Section 91 of the Act. The court further held that the Registrar's order was without jurisdiction and therefore a nullity, and that the writ petition was maintainable despite the existence of an alternative remedy. The court allowed the petition, quashed the Registrar's order, and directed the parties to approach the Co-operative Court for adjudication of the membership dispute.
Headnote
A) Co-operative Law - Membership Dispute - Jurisdiction of Registrar - Section 23, Maharashtra Co-operative Societies Act, 1960 - The Registrar's power under Section 23 to register a person as a member is administrative and does not extend to adjudicating disputes regarding membership - Such disputes must be referred to the Co-operative Court under Section 91 - Held that the Registrar acted without jurisdiction in directing the society to register the third respondent as a member (Paras 5-8). B) Co-operative Law - Alternative Remedy - Maintainability of Writ Petition - Section 23, Maharashtra Co-operative Societies Act, 1960 - A writ petition is maintainable against an order passed without jurisdiction, even if an alternative remedy exists - The court exercised its writ jurisdiction as the Registrar's order was a nullity - Held that the petition is maintainable (Para 9).
Issue of Consideration
Whether the Registrar of Co-operative Societies has the jurisdiction to decide a membership dispute under Section 23 of the Maharashtra Co-operative Societies Act, 1960, or whether such dispute must be referred to the Co-operative Court under Section 91 of the Act.
Final Decision
The court allowed the writ petition, quashed the order dated 30th September 2024 passed by the Deputy Registrar, and directed the parties to approach the Co-operative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960 for adjudication of the membership dispute.
Law Points
- Registrar's power under Section 23 is administrative
- not quasi-judicial
- Membership disputes must be adjudicated by Co-operative Court under Section 91
- Writ petition maintainable against Registrar's order without exhausting alternative remedy if order is without jurisdiction
