Case Note & Summary
The petitioners, who were members of a cooperative society, challenged 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 to the byelaws of the respondent no.2 society, increasing the strength of members beyond 50. The petitioners had initially obtained an order from the Deputy Registrar on 01.09.2001 rejecting the amendment, but that order was not annexed to the petition. The petitioners did not appear at the hearing, and the court heard the counsel for the respondents and intervenors. The court noted that the order of the Deputy Registrar was not provided, making it impossible to ascertain the reasons for rejection. The court found no merit in the petition and dismissed it for non-prosecution and lack of substance.
Headnote
A) Cooperative Law - 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 merit - Held that the petition is dismissed (Paras 1-4).
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.
Law Points
- Amendment of byelaws
- Cooperative society membership
- Section 152 Maharashtra Cooperative Societies Act
- 1960
- Limitation for filing petition
Case Details
2015 LawText (BOM) (01) 146
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 the 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, which the petitioners opposed.
Previous Decisions
The Deputy Registrar had rejected the amendment on 01.09.2001, but that order was not annexed to the petition.
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 and intervenors supported the amendment.
Ratio Decidendi
The petition was dismissed for non-prosecution and lack of merit as the petitioners did not appear and failed to annex the original order rejecting the amendment.
Judgment Excerpts
None appears for the petitioners.
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, City-I 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 appeal on 25.02.2002. The petitioners filed the present writ petition challenging that order.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: 152
