RAJATKUMAR JAGATKUMAR TIWARI Vs. SHRAM SAFALYA GOVT

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The challenge in this Petition is to the order passed by the learned Divisional Joint Registrar, Cooperative Societies, Division Mumbai in Revision No. 551 of 2016 dated 27 th February, 2019 whereby the Divisional Joint Registrar was persuaded to partly allow the Revision Application No. 551 of 2016 and remit the matter back to Deputy Registrar, Cooperative Societies, H/W ward, Mumbai for fresh consideration of the application for membership in the Respondent No. 1- Society, preferred by the Petitioner under section 22(2) of the Maharashtra Cooperative Society Act, 1960 (hereinafter referred to as "the Act").

(3.) In the backdrop of the limited nature of controversy, it may not be necessary to delve deep into the facts of the instant Petition. It would be suffce to note that the Petitioners herein had fled an application for direction to Respondent No. 1- Society to admit the Petitioners as member of the Society, on 18 th January, 2016. The Petitioners claims that the Dy. Registrar, Cooperative Societies was enjoined to forward the said application to Respondent No. 1 - Society within a period of thirty days, however, the said application was forwarded by Respondent No. 2 to Respondent No. 1 - Society on 26th May, 2016. In the meanwhile, the Petitioners had preferred the application under section 22(2) of the Act. Noticing that there was non-compliance with the provisions contained in section 23(1) (A) of the Act, in as much as Respondent No. 2 had not forwarded the application in respect of the membership to Respondent No. 1 - Society and there was no inaction on the part of the Respondent No. 1 - Society to take a decision on the said application, the Petitioner fled an application for withdrawal of the said application under section 22(2) of the Act, before Respondent No. 2, on 30 th May, 2016 with liberty to fle a fresh application.