MAULI SAI SAMARTH DHANYA ADHIKOSH Vs. XXXXXX

JUDGEMENT

(1.) The petitioners are challenging the impugned order dtd. 2/11/2022 passed by the Hon'ble Minister for Co-operation in Appeal No.246 of 2022. By the impugned order, the Hon'ble Minister has confirmed the instructions ' order dtd. 8/4/2022 issued by the Commissioner for Co- operation ' respondent no.2 in Writ Petition No.11906 of 2022, changing the classification of the Dhanya Adhikosh Societies and issuing instructions to amend the bye laws of the said societies. The changes are made applicable for new as well as existing Dhanya Adhikosh societies.

(2.) All petitions involve identical issue and as such are taken up for consideration together.

(3.) Facts are taken from Writ Petition No.11906 of 2022. The petitioner in Writ Petition No.11906 of 2022, Sarangpur Shetkari Dhanya Adhikosh Seva Sahakari Sansths Ltd. is registered society under the provisions of the Maharashtra Co-operative Societies Act, 1960 [for short 'the Act of 1960'] and as per the bye-laws, the petitioner - society is classified as 'Resource Society' and Sub-classification is 'Service Society' falling in the class of Service Co-operative and Multi-purpose Co-operative Societies. The petitioner society is classified under Sec. 12 (1) of the the Act of 1960 read with Rule 10 (8) (c) of the Maharashtra Cooperative Societies Rules, 1961 [for short 'the 1961 Rules'] as 'Resource Society' and sub-classification is 'Service Resource Society' and the petitioner - society is falling in the class of Service Co-operative and Multi-purpose Co-operative Societies. As per the bye-laws of the societies, there are 21 objects specified and in terms of bye-laws and the objects of the petitioner-society, fulfills the criteria of resource society. The petitioner ' society provides services of good go down / storage to the farmers. By virtue of the resource society, they are eligible to cast votes and also to contest elections for Agriculture Produce Market Committee as well as for the District Central Co-operative Bank.