HIRADGAON VIVIDH KARYAKARI SEVA SAHAKARI SOCIETY LTD Vs. STATE OF MAHARASHTRA THROUGH THE SECRETARY FOR CO-OPERATION DEPARTMENT

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of learned Counsel for the parties, heard finally at the stage of admission.

(2.) In all these writ petitions, the order of the Honourable Minister allowing the registration of a new co-operative society is challenged. The Honourable Minister by his orders, set aside the orders passed by the Assistant Registrar and Divisional Joint Registrar, by which the proposals made for registration of new societies were rejected. Earlier, this Court clubbed all these writ petitions and by consent of learned Counsel for the parties, common arguments were made and are being decided by this common judgment. However, in Writ Petition No.486 of 2013, additional points are involved and, therefore, though the common submissions are made in all these writ petitions, the arguments advanced on the additional points in Writ Petition No.486 of 2013 are specifically considered at the end of the judgment and accordingly, order is passed.

(3.) Before dealing with the submissions of the learned Counsel, it will be useful to give background of all these petitions. Under Section 4 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "M.C.S. Act" ), the State has power to issue regulations, resolutions and circulars as per the policy. The State of Maharashtra has formulated a policy by issuing Government Circular dated 7.2.2001 stating that a transaction financial and capital of a proposed society should be more than Rs.50 lacs. Thereafter, on 5.3.2007, a Circular was issued by State of Maharashtra informing that there should not be new registration of the Co-operative Societies and all the Registrars were directed to take note of the said Circular and to implement the same with immediate effect. Pursuant to the said Circular, the State Government issued Resolution on 3.12.2011 by which Government has decided that in view of Baidyanathan Committee, i.e. State Government, Central Government and National Bank for Agricultural and Rural Development Agricultural (NABARD) have entered into a tripartite agreement dated 13.11.2006 and the Government appointed a Committee to take an overall view to collect data in respect of existing societies, their economic condition; also in respect of existing societies, which are economically very poor and dying and on the report of that committee, the State to finalise the policy. Till then, the Government has decided not to register any new society with a view to protect the co-operative movement and to give life support to the economically weak existing co-operative societies.