KAMADHENU SAHAKARI GRAHANIRMAN SANSTHA LTD. Vs. SURESH

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By the consent of the parties, matter is taken up for final hearing at the stage of admission.

(2.) The petitioner impugns the judgment and order dtd. 12/8/1998 passed by the Joint Additional Registrar, Co-operative Society, Aurangabad in Appeal No.80/1997 as well as order dtd. 18/7/2001 passed by the Secretary, Co-operation Department, Government of Maharashtra in Revision Petition No.96/1999.

(3.) The petitioner is Co-operative Housing Society registered under Maharashtra Co-operative Societies Act, 1960 (for short 'MCS Act, 1960'). The respondent no.1 was its member. The general body meeting of the Society was held on 8/12/1991, wherein it was decided that each member should contribute Rs.12,000.00 towards development expenses of the Society. The respondent no.1 was present in the meeting. Neither, he deposit the amount as per resolution nor had he made application for extension of time. On 11/7/1993, the general body meeting of the Society was convened. The respondent no.1 was served with the notice of meeting. However, he deliberately remained absent at meeting. Hence, Resolution was passed on 11/7/1993 to expel him from membership on the count of his non-cooperation. The decision of the Society was referred to Taluka Deputy Registrar, Cooperative Society, Aurangabad for confirmation. On 11/8/1994, said Authority confirmed and upheld the decision of expulsion of respondent no.1. Aggrieved by the said decision, respondent no.1 filed Appeal under Sec. 152 of the MCS Act, 1960 before respondent no.2-Joint Additional Registrar, Co-operative Society, Aurangabad. The said Appeal came to be allowed. Then aggrieved petitioner-Society filed Revision before state, which came to be dismissed vide impugned order dtd. 18/7/2001. Consequently, Taluka Registrar, Co-operative Society issued communication dtd. 1/8/2001 to implement the decision of respondent no.2 dtd. 12/8/1998. Aggrieved by the aforesaid orders, the petitioner-Society has filed present Writ Petition.