HINGNA TALUKA SAHAKARI SHETKI KHAREDI VIKRI SANSTHA, HINGNA AND OTHERS Vs. STATE OF MAHARASHTRA AND ANOTHER

JUDGEMENT

(1.) VALIDITY of section 79A of the Maharashtra Co -operative Societies Act, 1960 (the Act) and the Government Resolution /direction dated 23 -6 -1987 (Annex. E) passed/issued under the Act is impugned in this petition by 12 Primary Marketing Co -operative Societies. Section 79A reads thus:

(2.) THE substance of the impugned resolution is that agriculturists will have the liberty to purchase agricultural inputs also from the Agro Service Centers.

(3.) WE will first take up for consideration challenge to the provision. Bare reading of the provision will indicate that directions can be issued thereunder only : (a) in public interest, (b) for the purposes of securing proper implementation of co -operative production and other development programmes approved or undertaken by Government; (c) to secure the proper management of the business of the society generally; and (d) for preventing the affairs of the society being conducted in a manner detrimental to the interest of the members of the depositors or the creditors thereof. The purposes of directions are specified, have direct nexus to the object of the Act and the power is conferred in the State Government itself. Under the circumstances, the challenge has no substance and has to be repelled. Indeed the point stands concluded by a Division Bench decision of this Court in the case of Sangli Zilla Sahakari Nagri Banks Association Ltd. vs. State of Maharashtra. : 1989 Mh.LJ. 173 :, 1989 CTJ 327. We have our respectful concurrence to the view taken in the said decision upholding the validity of section 79A.