Case Note & Summary
The petitioner, Jalgaon Jillha Urban Cooperative Banks Association Ltd., filed a writ petition challenging a Government Order dated 30-06-2007 issued under Section 73B of the Maharashtra Cooperative Societies Act, 1960. The order pertained to the election of the managing committee of the respondent society, Satyasheel Avinash Akole. The petitioner contended that the order was ultra vires the Act and that the election should be conducted as per the society's bye-laws. The respondents, including the State of Maharashtra and the Registrar of Cooperative Societies, argued that the order was valid and necessary to ensure proper conduct of elections. The court examined the provisions of Section 73B and the facts of the case. It held that the Government Order was valid and intra vires the Act, as the Registrar has the power to issue directions for elections. The court dismissed the petition and directed that the election process be completed as per the order. The judgment was delivered by a division bench of Justices T.V. Nalawade and Sangitrao S. Patil on 13 February 2017.
Headnote
A) Cooperative Law - Election of Managing Committee - Validity of Government Order under Section 73B of Maharashtra Cooperative Societies Act, 1960 - The petitioner association challenged the Government Order dated 30-06-2007 which directed that the election of the managing committee of the respondent society be held as per the order. The court examined the scope of Section 73B and held that the order is valid and intra vires the Act. The court directed that the election process be completed as per the order. (Paras 1-10) B) Cooperative Law - Powers of Registrar - Section 73B of Maharashtra Cooperative Societies Act, 1960 - The court held that the Registrar has the power to issue directions for the conduct of elections of cooperative societies under Section 73B. The Government Order in question was issued by the Registrar and is binding on the society. (Paras 5-8)
Issue of Consideration
Whether the Government Order dated 30-06-2007 issued under Section 73B of the Maharashtra Cooperative Societies Act, 1960 is valid and whether the election of the managing committee of the respondent society should be held as per the said order.
Final Decision
The court dismissed the writ petition and directed that the election process for the managing committee of the respondent society be completed as per the Government Order dated 30-06-2007.
Law Points
- Interpretation of Section 73B of Maharashtra Cooperative Societies Act
- 1960
- Validity of Government Order under Section 73B
- Election of Managing Committee of Cooperative Society
- Powers of Registrar under the Act
