Case Note & Summary
The petitioners, Gaurav K. Desai and Smt. Shailaja Shetty along with Shri Jitendra Tandav, were ex-office bearers of respondent no.6, Sion Kamgar Co-operative Housing Society Ltd. They challenged a common order dated 28.11.2014 passed by the Divisional Joint Registrar, Mumbai, which partly confirmed an earlier order dated 27.5.2014 passed by the Assistant Registrar, Co-operative Societies, F/N Ward, Mumbai. The Assistant Registrar's order, passed under Section 75(5) of the Maharashtra Co-operative Societies Act, 1960, directed the removal of the petitioners as office bearers of the society. The petitioners contended that the Registrar lacked jurisdiction and that the order was passed without proper inquiry. The court, after hearing the parties, held that the Registrar had the jurisdiction to pass the order under Section 75(5) and that the order was based on findings of mismanagement and non-compliance with statutory requirements. The court found no perversity or arbitrariness in the impugned order and dismissed the writ petitions, upholding the removal of the petitioners. The court also noted that the petitioners had an alternative remedy of appeal under the Act, but since the matter was heard finally, it was decided on merits.
Headnote
A) Co-operative Law - Removal of Office Bearers - Section 75(5) of the Maharashtra Co-operative Societies Act, 1960 - Jurisdiction of Registrar - The Registrar has the power to remove office bearers for mismanagement and non-compliance with statutory requirements. The court upheld the order of the Divisional Joint Registrar confirming the removal of the petitioners, who were ex-office bearers of the society, based on findings of irregularities and failure to comply with the Act and bye-laws. (Paras 2-5)
B) Writ Jurisdiction - Scope of Interference - Quasi-Judicial Orders - The High Court, in exercise of its writ jurisdiction, will not interfere with a quasi-judicial order unless it is perverse, arbitrary, or violative of principles of natural justice. The court found no such infirmity in the impugned order. (Para 5)
Issue of Consideration
Whether the Divisional Joint Registrar acted within jurisdiction in confirming the removal of the petitioners as office bearers of the society under Section 75(5) of the Maharashtra Co-operative Societies Act, 1960.
Final Decision
The court dismissed both writ petitions, upholding the common order dated 28.11.2014 passed by the Divisional Joint Registrar and the order dated 27.5.2014 passed by the Assistant Registrar. Rule discharged with no order as to costs.
Law Points
- Jurisdiction of Registrar under Section 75(5) of the Maharashtra Co-operative Societies Act
- 1960
- Removal of office bearers for mismanagement
- Non-compliance with statutory requirements
- Scope of writ jurisdiction against quasi-judicial orders
Case Details
2015 LawText (BOM) (02) 50
Writ Petition No.11699 of 2014 and Writ Petition No.11700 of 2014
Mr. P.S.Dani, Sr. Adv. with Mr. H.R.Pawar for the Petitioners; Mr. Vijay D. Patil for respondent nos.3 and 4; Mr. S.D.Rayrikar, AGP for the respondent-State
Gaurav K. Desai; Smt. Shailaja Shetty and Shri Jitendra Tandav
The State of Maharashtra; The Divisional Joint Registrar Co-operative Societies, Mumbai Division; Moreshwar Koli; Narayan Sawant; Krishnaraj Ved; Sion Kamgar Co-operative Housing Society Ltd.
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Nature of Litigation
Writ petition challenging the order of the Divisional Joint Registrar confirming the removal of petitioners as office bearers of a co-operative housing society.
Remedy Sought
Petitioners sought quashing of the common order dated 28.11.2014 passed by the Divisional Joint Registrar and the order dated 27.5.2014 passed by the Assistant Registrar.
Filing Reason
Petitioners were removed as office bearers of the society under Section 75(5) of the Maharashtra Co-operative Societies Act, 1960, which they challenged as without jurisdiction and arbitrary.
Previous Decisions
Assistant Registrar passed order dated 27.5.2014 removing petitioners; Divisional Joint Registrar partly confirmed that order on 28.11.2014.
Issues
Whether the Divisional Joint Registrar had jurisdiction to pass the order under Section 75(5) of the Maharashtra Co-operative Societies Act, 1960?
Whether the impugned order suffers from perversity or arbitrariness warranting interference under writ jurisdiction?
Submissions/Arguments
Petitioners argued that the Registrar lacked jurisdiction and the order was passed without proper inquiry.
Respondents supported the order, stating it was based on findings of mismanagement and non-compliance with the Act and bye-laws.
Ratio Decidendi
The Registrar under Section 75(5) of the Maharashtra Co-operative Societies Act, 1960 has the jurisdiction to remove office bearers for mismanagement and non-compliance with statutory requirements. The High Court, in writ jurisdiction, will not interfere with such quasi-judicial orders unless they are perverse, arbitrary, or violative of principles of natural justice.
Judgment Excerpts
Petitioners, who were ex-office bearers of respondent no.6-society called Sion Kamgar Co-operative Housing Society (The Society) situated at Bombay, have challenged the common order passed by the respondent no.2-Divisional Joint Registrar, Mumbai dated 28.11.2014 thereby partly confirmed order dated 27.5.2014 passed by the Assistant Registrar, Co-operative Societies, F/N Ward, Mumbai.
Operative part of order dated 27.5.2014: ... (in Marathi) ...
Procedural History
The Assistant Registrar passed an order on 27.5.2014 under Section 75(5) of the Maharashtra Co-operative Societies Act, 1960 removing the petitioners as office bearers. The petitioners appealed to the Divisional Joint Registrar, who partly confirmed the order on 28.11.2014. The petitioners then filed the present writ petitions before the Bombay High Court, which were heard and dismissed on 6.2.2015.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: 75(5)
