ANANT RAMCHANDRA DAKSHINDAS Vs. DIVISIONAL JOINT REGISTRAR

JUDGEMENT

(1.) In this petition filed under Articles 226 and 227 of the Constitution of India, the challenge is to the order dated 24.2.2009 passed by the Divisional Joint Registrar (respondent no. 1) with further challenge to a circular dated 3.2.2003 issued by respondent no. 7 Commissioner for Cooperation. It is contended that said circular is unconstitutional and ultra vires the powers of said respondent. There is also an interim prayer to stay the effect and operation of communication dated 4.9.2007.

(2.) The impugned order dated 24.2.2009 is passed by respondent no. 1 as an appellate authority under Section 152 of the Maharashtra Cooperative Societies Act, 1960 and that appeal was preferred by present petitioner against the enquiry report dated 24.4.2007. The Appellate Authority has dismissed that appeal. The circular dated 3.2.2003 is issued by the Office of Commissioner for Cooperation and Registrar of Cooperative Societies specifying the condition subject to which an enquiry officer for conducting enquiry under Sections 83 and 88 of the Maharashtra Cooperative Socieites Act can be appointed. The communication dated 4.9.1987 of which stay is sought is notice of attachment under rule 107 (5), 107 (9) and 107 (11) (k) (d) of the Maharashtra Cooperative Societies Rules, 1961.

(3.) It is not in dispute that challenge to appellate judgment mentioned supra lies before the learned single Judge of this Court because of Chapter XVII, rule 18 (entry 12) of the Bombay High Court Appellate Side Rules, 1960. However, the petition has been filed before the Division Bench with contention that as validity of circular dated 3.2.2003 has been assailed, the learned single Judge lacks jurisdiction.