Case Note & Summary
The dispute arose from an order dated 20.08.2026 issued by the Assistant Registrar of Co-operative Societies, which cancelled a resolution passed by the Muktai Vivek Co-operative Society Ltd. nominating a representative for the Jalgaon District Central Co-operative Bank Ltd. election. The petitioners challenged this order, asserting that the Assistant Registrar overstepped his authority, as the matter pertained to a dispute under Section 91 of the Maharashtra Co-operative Societies Act, 1960, which should be resolved by the Co-operative Court. The petitioners contended that the Assistant Registrar's role was limited to collecting nominations and forwarding them to the Election Officer, not to adjudicate on the legality of the Society's resolutions. The intervenors opposed the petition, claiming that the resolution was fabricated and lacked proper voting records. They argued that the Assistant Registrar had the authority to cancel the resolution based on the complaints received. The court analyzed the relevant provisions of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014, and previous judgments, concluding that the Assistant Registrar did not possess the jurisdiction to cancel the resolution. The court emphasized that the appropriate authority to resolve such disputes was the Co-operative Court, not the Assistant Registrar. Ultimately, the court allowed the writ petition, making the rule absolute in favor of the petitioners.
Headnote
A) Co-operative Societies Law - Authority of Assistant Registrar - Jurisdiction to Cancel Resolutions - Maharashtra Co-operative Societies Act, 1960, Section 91 - The Assistant Registrar lacks jurisdiction to adjudicate on the validity of resolutions passed by the Society, as such disputes fall under Section 91 of the MCS Act, which mandates resolution through the Co-operative Court. The court held that the Assistant Registrar's action was beyond his powers and thus invalid (Paras 5, 11, 15).
Issue of Consideration
Whether the Assistant Registrar had the authority to cancel the resolution passed by the Co-operative Society regarding the nomination of a representative for election.
Final Decision
The Writ Petition was allowed, and the rule was made absolute in terms of the prayer clauses, confirming that the Assistant Registrar lacked jurisdiction to cancel the Society's resolution.
Law Points
- Jurisdiction of Assistant Registrar
- Validity of Society Resolutions
- Election Procedures under Co-operative Societies Act
