Case Note & Summary
The petitioners, who were members of a cooperative society, filed a writ petition challenging an order dated 25.02.2002 passed by the Divisional Joint Registrar, Cooperative Societies, Nagpur, in Appeal No. 180 of 2001. The Divisional Joint Registrar had allowed an amendment proposed by respondent no.2 society to increase the strength of its members beyond 50, setting aside the earlier order dated 01.09.2001 passed by the Deputy Registrar, Cooperative Societies, City-I, Nagpur, which had rejected the amendment. The petitioners sought to challenge the appellate order. However, none appeared for the petitioners on the date of hearing. The court noted that the order passed by the Deputy Registrar on 01.09.2001 had not been annexed to the petition, making it impossible to ascertain the reasons for rejecting the amendment. The court also observed that the petition was filed in 2002 and had been pending for a long time. In the absence of the petitioners and without the necessary documents, the court found no merit in the challenge. The court dismissed the petition with no order as to costs.
Headnote
A) Cooperative Societies - Amendment of Byelaws - Section 152 Maharashtra Cooperative Societies Act, 1960 - Challenge to order allowing increase in membership strength - Petitioners failed to appear and did not annex the original order rejecting amendment - Court dismissed petition for non-prosecution and lack of material to challenge the appellate order - Held that the petition is dismissed (Paras 2-5).
Issue of Consideration
Whether the Divisional Joint Registrar was justified in allowing the amendment to increase the strength of members of the society beyond 50.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Amendment of byelaws
- Cooperative society membership
- Section 152 Maharashtra Cooperative Societies Act
- 1960
- Power of Registrar to approve amendments
Case Details
2015 LawText (BOM) (01) 126
Writ Petition No. 1503/2002
Shri Nitin Rao (AGP for Respondent Nos. 1 and 3), Shri A.R.Patil (counsel for Intervenors), Shri R.V.Gaikwad (counsel for Respondent No.2)
Smt. Kaushalyabai Parashram Wahane and others
The Divisional Joint Registrar, Cooperative Society, Nagpur and others
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Nature of Litigation
Writ petition challenging an order of the Divisional Joint Registrar allowing amendment to increase membership strength of a cooperative society.
Remedy Sought
Petitioners sought to quash the order dated 25.02.2002 passed by the Divisional Joint Registrar.
Filing Reason
The Divisional Joint Registrar allowed the amendment to increase the strength of members of the society beyond 50, setting aside the Deputy Registrar's order rejecting the amendment.
Previous Decisions
Deputy Registrar rejected the amendment on 01.09.2001; Divisional Joint Registrar allowed the amendment on 25.02.2002 in Appeal No. 180 of 2001.
Issues
Whether the Divisional Joint Registrar was justified in allowing the amendment to increase the strength of members of the society beyond 50.
Submissions/Arguments
None for petitioners; respondents argued in support of the amendment.
Ratio Decidendi
The petition was dismissed for non-prosecution and lack of material to challenge the appellate order, as the petitioners failed to appear and did not annex the original order rejecting the amendment.
Judgment Excerpts
The challenge in this petition is to the order dated 25.02.2002 passed by the Divisional Joint Registrar, Cooperative Societies, Nagpur, in Appeal No. 180 of 2001, filed under Section 152 of the Maharashtra Cooperative Societies Act, 1960, setting aside the order dated 01.09.2001 passed by the Deputy Registrar, Cooperative Societies, CityI Nagpur, rejecting the amendment proposed by the respondent no.2 society.
The order passed by the Deputy Registrar on 01.09.2001 has not been annexed to this petition so as to know the reasons, if any, recorded for rejecting the amendment proposed to the byelaws.
Procedural History
The Deputy Registrar rejected the amendment on 01.09.2001. The society appealed under Section 152 of the Maharashtra Cooperative Societies Act, 1960, and the Divisional Joint Registrar allowed the amendment on 25.02.2002. The petitioners filed the present writ petition in 2002. The petition was heard on 15.01.2015 and dismissed.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: 152
