PAWANKUMAR NANDKISHORE SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard, Mr. Swapnil Bangur learned counsel for the petitioner and Dr. Uday Warunjikar learned counsel for the respondent No.5. Learned AGP appears for the respondents 1 to 3.

(2.) The petition questions the order dtd. 15/5/2023 passed by the Deputy Registrar Co-operative Society MHADA/respondent No.3, whereby, the petitioner has been disqualified as a member of the Managing Committee of the respondent No.6/Society in exercise of the powers under Sec. 154 B-23 of the Maharashtra Co- operative Societies Act, 1960 (page 27) and the order dtd. 2/05/2024 (pg.34) in Revision Application No.251 of 2023 passed by the Divisional Joint Registrar/respondent No.2 by which challenge to the order dtd. 15/5/2023, has been turned down.

(3.) The facts leading to the present petition shorn of unnecessary details are that the petitioner was elected as a member to the Managing Committee of respondent No.6/Society. The election of the petitioner was questioned by respondent Nos.4 and 5 by filing a complaint to respondent No.3 contending that the petitioner was having more than two children and therefore, in light of the mandate of Sec. 154B-23 (v) of the MCS Act, he had incurred a disqualification and therefore was liable to be disqualified. This found favour with respondent No.3, on the ground, that the petitioner had three children No.1-Ms. Mahima Pawan Singh born on 19/4/2001, No.2-Mr. Abhinav Pawan Singh born on 28/9/2009 and Mr. Prabhat Pawan Singh whose name was included in the Ration Card of the petitioner as his son. He also found that the petitioner had one more issue namely Ms. Janhvi born on 31/8/2007. He thus rendered a finding that the petitioner was having more than two children and therefore, he was disqualified in view of the aforesaid provisions. The said order dtd. 15/5/2023 has been confirmed by the Divisional Joint Registrar/respondent No.2.