Case Note & Summary
The petitioner, Rajendra Tikaram Bagmare, a hamal (porter) working at the Agricultural Produce Market Committee in Yavatmal, filed a writ petition under Article 226 of the Constitution of India challenging the order of the District Deputy Registrar, Cooperative Societies, Yavatmal, dated 30th March 2016, which refused to register him and other hamals as members of a cooperative society of hamals. The petitioner contended that he was entitled to membership as he was a hamal working in the market area. The respondents, including the Registrar and the Market Committee, opposed the petition, arguing that the petitioner did not meet the eligibility criteria under the Maharashtra Cooperative Societies Act, 1960, and the society's by-laws, which required members to be 'agriculturists' or 'persons dealing with agricultural produce'. The Court examined the relevant provisions of the Act, particularly Sections 2(19) and 22, and the by-laws of the society. It noted that the Registrar had correctly found that the petitioner was not an agriculturist and did not deal with agricultural produce, as his work as a hamal involved loading and unloading goods, not agricultural operations. The Court held that the Registrar's order was legally sound and that the petitioner had no statutory right to membership. Consequently, the writ petition was dismissed as devoid of merit. The Court also observed that the petitioner had not demonstrated any violation of fundamental rights or any legal right that warranted interference under Article 226.
Headnote
A) Cooperative Law - Membership - Hamals - Sections 2(19), 22, Maharashtra Cooperative Societies Act, 1960 - The petitioner, a hamal, sought membership in a cooperative society of hamals but was refused by the Registrar on the ground that he was not an 'agriculturist' or 'person dealing with agricultural produce' as required by the society's by-laws. The Court held that the Registrar's order was correct as the petitioner did not satisfy the eligibility criteria under the Act and the by-laws. (Paras 1-5) B) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - The Court held that in the absence of any statutory right or violation of fundamental rights, the writ petition challenging the Registrar's order was not maintainable. The petitioner failed to show any legal right to membership. (Paras 4-5)
Issue of Consideration
Whether hamals (porters) working in an Agricultural Produce Market Committee are entitled to be registered as members of a cooperative society of hamals under the Maharashtra Cooperative Societies Act, 1960, and whether the Registrar's refusal to register such members was legal.
Final Decision
The writ petition was dismissed. The Court upheld the order of the District Deputy Registrar, Cooperative Societies, Yavatmal, dated 30th March 2016, refusing to register the petitioner as a member of the cooperative society.
Law Points
- Interpretation of 'member' under Maharashtra Cooperative Societies Act
- 1960
- Sections 2(19) and 22
- Distinction between 'hamal' and 'agriculturist'
- Scope of writ jurisdiction under Article 226 of Constitution of India
- No right to membership in cooperative society without statutory entitlement.
