S S PILANI Vs. J P SAWE

JUDGEMENT

(1.) A dispute under section 91 of the Maharashtra Co-operative Societies Act was filed by respondent No. 4 (since deceased) against the petitioner. It has been pending since 1965. Initially the proceedings were referred to the nominee of the Registrar and thereafter to the officers on Special Duty. Later on Co-operative Courts were constituted. This dispute came to be decided by respondent No. 1. He passed an award on 20th April, 1977. The petitioner has filed an appeal against the said award before the Maharashtra State Co-operative Appellate Court and it is still pending.

(2.) In the present petition the petitioner challenges the validity of the award dated 20th April 1977 on the ground that the appointment of respondent No. 1 was not according to law and, therefore, the award passed by him is without jurisdiction.

(3.) Respondent No. 1 was appointed as a Judge of the First Co-operative Court by the State Government on 18th March, 1976 under section 91-A(2) of the Maharashtra Co-operative Societies Act, 1960 read with Rule 77-A of the Maharashtra Co-operative Societies Rules, 1961. Initially this appointment was for a period of six months or till the Maharashtra Public Service Commission selected eligible persons, whichever was earlier. However, the appointment was further continued by Government order dated 28th September, 1976 which was published in the Maharashtra Government Gazette on 30th September, 1976. Respondent No. 1, therefore, continued to hold the office as a Judge of the Co-operative Court. His term as a Judge of the Co-operative Court expired on 1st April 1977.