KUMBHARGAON VIVIDH KARYAKARI SAHAKARI SEVA SOCIETY LTD. Vs. ASSISTANT REGISTRAR, CO-OP. SOCIETIES, PATAN AND ORS.

JUDGEMENT

(1.) RULE returnable forthwith. Respondents through respective advocates waive service. By consent rule deemed to be on today's board for final hearing, called out and heard.

(2.) BY this writ petition, the petitioner impugns an Order of the Assistant Registrar, Co -operative Societies, Patan, dated 19th August, 1992, by which the fourth respondent has been granted registration as a multi -purpose co -operative society.

(3.) SECTIONS 3 to 11 of The Maharashtra Co -operative Societies Act, 1960, provide a detailed machinery for registration of different kinds of societies under the Act. Section 4 indicates the types of societies which are entitled to registration under the Act. Section 6 lays down the condition for registration of a society. Under section 8, the proposed society is required to apply to the Registrar in the prescribed form, accompanied by prescribed number of copies of the proposed by -laws and make payment of the prescribed registration fees. Section 9 provides that, if the Registrar is satisfied that the proposed society has complied with the provisions of the Act and the Rules or any other law for the time being in force or policy directives issued by the State Government under section 4, and that the proposed by -laws of the applying society are not contrary to the Act or the Rules, then the Registrar shall register the society and its by -laws within a period of two months from the date of the application. If no such registration is made, then, within a period of 15 days from the date of expiration of the time limit, the Registrar or the Registering Officer, in case it is not the Registrar, is required to refer the application to the next higher officer or the State Government, as the case may be, for appropriate action and disposal according to law. Section 11 provides for the various inquiries which the Registering Officer has to undertake before he grants registration of the society.