Case Note & Summary
The Petitioner, Raghuleela Megamall Kandivali (West), a cooperative society formed by occupiers of units in a mall, challenged an order dated 9 March 2020 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, dismissing Revision Application No. 212 of 2019 and confirming the order dated 2 March 2019 passed by the Deputy Registrar, Co-operative Societies, R/S Ward, Mumbai. The Deputy Registrar had, in exercise of powers under Section 83 of the Maharashtra Co-operative Societies Act, 1960 (MCS Act), appointed an authorised officer to conduct an enquiry into the affairs of the society. The Managing Committee of the Petitioner-Society was elected and took charge on 31 January 2018. Respondent No.3, a member of the society, alleged that the Petitioner misrepresented that he was an Advocate and made other complaints. The Deputy Registrar, after considering the complaint and the society's response, found prima facie material to order an enquiry. The Petitioner filed a revision under Section 154 of the MCS Act, which was dismissed by the Divisional Joint Registrar. The Petitioner then filed the present writ petition. The court examined the orders and found that the Deputy Registrar had not expressed any pre-determined views and had merely found a prima facie case for enquiry. The court held that the Registrar acted within his jurisdiction and that the revision was rightly dismissed. The petition was dismissed, and the interim application was disposed of.
Headnote
A) Co-operative Societies - Enquiry under Section 83 - Appointment of Authorised Officer - The Deputy Registrar appointed an authorised officer under Section 83 of the Maharashtra Co-operative Societies Act, 1960 to enquire into the affairs of the society based on a complaint by a member alleging misrepresentation and financial irregularities. The court held that the Registrar acted on prima facie material and did not express any pre-determined views, and the revision under Section 154 was rightly dismissed. (Paras 1-10) B) Co-operative Societies - Revision under Section 154 - Scope - The Divisional Joint Registrar, in revision, confirmed the order of the Deputy Registrar. The court found no error in the revisional order as the Deputy Registrar had not prejudged the issues and the enquiry was necessary to investigate the allegations. (Paras 11-15)
Issue of Consideration
Whether the order passed by the Deputy Registrar under Section 83 of the Maharashtra Co-operative Societies Act, 1960 appointing an authorised officer to conduct an enquiry into the affairs of the Petitioner-Society is valid and not vitiated by any pre-determined views.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the Deputy Registrar and the Divisional Joint Registrar. The court found no merit in the petition and disposed of the interim application.
Law Points
- Section 83 of Maharashtra Co-operative Societies Act
- 1960
- Enquiry by Registrar
- Natural Justice
- Prima Facie Case
- Revision under Section 154
- Scope of Judicial Review
