SHANKARLAL GOVINDRAM GUNWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition is preferred by the 12 members of the Management Committee of Shri Shivaji Sindhi Co-operative Housing Society Ltd., Jalna Road, Aurangabad which is registered under the Maharashtra Co-operative Housing Societies Act, 1960 (hereinafter referred to as 'the said Act'). It challenges the order dated 6-4-2009 passed by the respondent No. 3 - The Taluka Deputy Registrar, Co-operative Societies, superseding the Management Committee of the said Society, in exercise of his powers under section 78(1) of the said Act. It further challenges the order dated 30-4-2009, passed by the respondent No. 2 - The Divisional Joint Registrar, Co-operative Societies, Aurangabad, dismissing the appeal preferred by the petitioners under section 152 of the said Act, challenging the order dated 6-4-2009 passed under section 78(1) of the said Act by the respondent No. 3.

(2.) The facts giving rise to the controversy involved in the case are as stated below :-

(3.) The Society failed to produce the record and therefore, notice under section 78(1) of the said Act was issued on 12-2-2009, to all the Members of the Managing Committee of the Society, for furnishing an explanation in respect of the charges levelled against them. The charges levelled, included the charge of misappropriation of huge amount and non-submission of bond, as contemplated by Rule 58-A of the Rules, framed under the said Act. The petitioners, who are the Members of the Managing Committee of the said Society, submitted their explanation dated 25-5-2009, to the said show cause notice. All the charges levelled were denied. In respect of non-submission of bond, the stand was that it was furnished within stipulated period. A photocopy of such bond, dated 5-6-2008, in Form No. 20 signed by all the petitioners, was also furnished. It was stated that the members of the Society, took the charge of the Society on 1-6-2008.