Case Note & Summary
The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperative society and the subsequent order of the Minister of Cooperation dismissing their revision application. The petitioners, Sarita Nagari Phase-2 Cooperative Housing Society Ltd. and Vijay Madhukar Ghaisas (in WP 798/2005), and Sharayu Sarita Nagari II Cooperative HSG Society Ltd. and Mehta Deepak Nautamal (in WP 414/2005), sought to quash the registration of M/s. A. V. Bhat Housing Co. as a cooperative society and the Minister's order dated 30th September 2004. The factual background involves disputes over land and membership in the cooperative housing societies. The petitioners argued that the registration was illegal and that they were aggrieved parties. The respondents, including the State of Maharashtra and the Registrar of Cooperative Societies, contended that the petitioners lacked locus standi and that the writ petitions were not maintainable due to the availability of alternative remedies. The court analyzed the issues of locus standi, maintainability, and the scope of revisional powers under the Maharashtra Cooperative Societies Act, 1960. It held that the petitioners were not members of the society at the time of registration and thus had no locus standi to challenge it. Additionally, the court noted that the petitioners had availed the alternative remedy of revision before the Minister, which was dismissed, and no grounds were made out to interfere with that order. The court dismissed both writ petitions, upholding the registration and the Minister's order.
Headnote
A) Cooperative Law - Registration of Society - Locus Standi - Petitioners, who were not members of the society at the time of registration, lacked locus standi to challenge the registration order - Held that only persons aggrieved by the registration can challenge it, and the petitioners failed to establish any subsisting right or interest (Paras 10-12). B) Cooperative Law - Alternative Remedy - Maintainability of Writ Petition - Petitioners had an efficacious alternative remedy under Section 154 of the Maharashtra Cooperative Societies Act, 1960 by way of revision before the Minister, which they availed - Held that writ petition under Article 226 is not maintainable when alternative remedy is available and has been exhausted without success (Paras 13-15). C) Cooperative Law - Revisional Powers - Section 154 of Maharashtra Cooperative Societies Act, 1960 - Minister's order in revision dismissing the challenge to registration was upheld as no illegality or perversity was shown - Held that the revisional authority's order was based on proper appreciation of facts and law (Paras 16-18).
Issue of Consideration
Whether the writ petitions challenging the registration of a cooperative housing society and the Minister's order in revision are maintainable, and whether the petitioners have locus standi to challenge the registration.
Final Decision
Both writ petitions are dismissed. The registration of M/s. A. V. Bhat Housing Co. and the Minister's order dated 30th September 2004 are upheld.
Law Points
- Cooperative society registration
- locus standi
- maintainability of writ petition
- alternative remedy
- Minister's revisional powers under Section 154 of Maharashtra Cooperative Societies Act
- 1960
