Case Note & Summary
The petitioners, two cooperative societies, challenged an order passed by the Deputy Registrar, Cooperative Societies (Fishery), Maharashtra State, dated 22.08.2014, insofar as it directed an enquiry under Section 21A of the Maharashtra Cooperative Societies Act, 1960. The petitioner societies had been granted registration under Section 9 of the Act in 2006. That registration was challenged in a revision under Section 154 of the Act. The Deputy Registrar, exercising revisional jurisdiction, confirmed the registration but directed an enquiry under Section 21A. The petitioners contended that the revisional authority had no power to direct such an enquiry, as Section 21A powers are exercisable only by the Registrar or an officer authorized by the State Government. The court agreed, holding that the revisional authority under Section 154 is not the Registrar or an authorized officer under Section 21A(5). The direction for enquiry was quashed and set aside. The court also noted that the enquiry under Section 21A is an independent proceeding and cannot be ordered in a revision. The petitions were allowed, and the impugned direction was struck down.
Headnote
A) Cooperative Societies - Revisional Powers - Section 154 read with Section 21A of Maharashtra Cooperative Societies Act, 1960 - The revisional authority under Section 154 cannot direct an enquiry under Section 21A as the power under Section 21A is vested only in the Registrar or an officer authorized by the State Government, and the revisional authority is not such an officer. The direction to conduct enquiry was held to be without jurisdiction and set aside. (Paras 3-5)
Issue of Consideration
Whether the Deputy Registrar, Cooperative Societies, while exercising revisional jurisdiction under Section 154 of the Maharashtra Cooperative Societies Act, 1960, can direct an enquiry under Section 21A of the said Act.
Final Decision
The court allowed the writ petitions and quashed the direction to conduct enquiry under Section 21A of the Maharashtra Cooperative Societies Act, 1960, contained in the order dated 22.08.2014 passed by the Deputy Registrar, Cooperative Societies (Fishery), Maharashtra State.
Law Points
- Revisional authority under Section 154 cannot direct enquiry under Section 21A
- Section 21A powers exercisable only by Registrar or authorized officer
- Enquiry under Section 21A is independent of registration proceedings
Case Details
2015 LawText (BOM) (02) 123
Writ Petition No. 5384 of 2014 and Writ Petition No. 4921 of 2014
Shri P.B.Patil for Petitioners; Ms. P.D.Rane and Shri N.S.Rao, AGP for Respondents 1 and 2; Shri Abhay Sambre for Respondent No.3
Late Rajiv Gandhi Macchimar Sahakari Sanstha Maryadit and Machhindra Macchimar Sahakari Sanstha Maryadit
Deputy Registrar, Cooperative Societies (Fishery), Maharashtra State; Assistant Registrar, Cooperative Societies (Dairy), Buldana; Nalganga Maschhimar Sahakari Sanstha Maryadit
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Nature of Litigation
Writ petitions challenging the direction for enquiry under Section 21A of the Maharashtra Cooperative Societies Act, 1960, passed by the Deputy Registrar in revisional jurisdiction under Section 154.
Remedy Sought
Quashing of the direction to conduct enquiry under Section 21A of the Act.
Filing Reason
The Deputy Registrar, while confirming registration of the petitioner society in revision, directed an enquiry under Section 21A, which the petitioners contended was without jurisdiction.
Previous Decisions
The Deputy Registrar, by order dated 22.08.2014, dismissed the revision against registration but directed an enquiry under Section 21A.
Issues
Whether the revisional authority under Section 154 of the Maharashtra Cooperative Societies Act, 1960, can direct an enquiry under Section 21A of the said Act.
Submissions/Arguments
Petitioners argued that the power under Section 21A can be exercised only by the Registrar or an officer authorized by the State Government, and the Deputy Registrar acting as revisional authority under Section 154 is not such an officer.
Respondents did not contest the legal position but supported the direction.
Ratio Decidendi
The revisional authority under Section 154 of the Maharashtra Cooperative Societies Act, 1960, is not the Registrar or an officer authorized by the State Government under Section 21A(5) of the Act, and therefore cannot direct an enquiry under Section 21A. Such a direction is without jurisdiction.
Judgment Excerpts
The contention raised is that the powers under Section 21A of the said Act can be exercised in terms of sub section (5) therein by an officer authorized by the State Government and the Deputy Registrar exercising powers under Section 154 of the said Act is not such an officer.
The revisional authority under Section 154 of the said Act is not the Registrar or an officer authorized by the State Government under Section 21A(5) of the said Act. Hence, the direction to conduct enquiry under Section 21A of the said Act is without jurisdiction.
Procedural History
The petitioner society was granted registration under Section 9 of the Maharashtra Cooperative Societies Act in 2006. This registration was challenged in a revision under Section 154 before the Deputy Registrar, who by order dated 22.08.2014 confirmed the registration but directed an enquiry under Section 21A. The petitioners filed two writ petitions challenging only the direction for enquiry.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Section 9, Section 21A, Section 154
