ASHOK SAHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has challenged the impugned order as the same was passed without considering the provisions of Section 83 of the Maharashtra Co-operative Societies Act, 1960 (in short, the M.C.S. Act). The relevant portion of Section 83 Clause (1) reads as under:-

(2.) The point so, as raised is restricted to the initiation of the proceeding/enquiry by the Registrar as contemplated under Section 83 of the M.C.S. Act.

(3.) The Registrar of his own motion, himself or by any person authorized by him, can hold an enquiry into the constitution, working and financial condition of a society. But, in the present case, admittedly, a complaint dated 13.6.2009 was filed by respondent No.4 and based upon this, on 27.7.2009, by exercising powers under Section 83 of the M.C.S. Act, he appointed an enquiry officer and directed to conduct an enquiry against the society.