SHANTINIKETAN CO-OPERATIVE HOUSING SOCIETY LTD Vs. SHIVKANT

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties both the Writ Petitions are heard finally.

(2.) Writ Petition No. 5826 of 2011 is filed challenging the judgment and order, dated 27.12.2008, passed by the Assistant Registrar, Cooperative Societies, Latur in Appeal No. 7 of 2008 and the judgment and order, dated 14.1.2011, passed by the Divisional Joint Registrar, Cooperative Societies, Latur in Revision Petition No. 13 of 2009; whereas Writ Petition No. 5819 of 2011 is filed challenging the judgment and order, dated 30.12.2008, passed by the Assistant Registrar, Cooperative Societies, Latur in Appeal No. 6 of 2008 and the judgment and order, dated 14.1.2011, passed by the Divisional Joint Registrar, Cooperative Societies, Latur in Revision Petition No. 14 of 2009.

(3.) It is the case of the petitioner in both the petitions that the petitioner is a registered and deemed to be registered cooperative society under Section 9 of the Maharashtra Cooperative Societies Act, 1960 (herein after referred to as, 'the said Act'). The said society is classified as "housing society" and sub classified as "tenant ownership housing society" with limited membership. After registration of the society, it is a statutory body having its own seal and stamp. The society is having its bylaws adopted and approved by the competent authority i.e. the Assistant Registrar, Cooperative Societies, Latur under Section 13 of the said Act. It is further case of the petitioner that the society is to act/run as per the provisions of the bylaws. The management is vested in the managing committee, the provisions of Section 73 of the said Act lays down the powers and functions of the committee. It is further case of the petitioner that the bylaws framed by the society are having binding force in view of the judgment of this court in the case of Purushottam Yashwant Patil and others vs State of Maharashtra and others, 2002 1 MhLR 377.