VISHWAJIT CO Vs. P.P. DAMLE

JUDGEMENT

(1.) The petitioner is a Co-operative Housing Society duly re gistered under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act"). Respondent No. 1 was a member of the Society. Respondent No. 1 published a cyclostyled appeal dated July 5, 1971 addressed to the members of the Society making certain comments against the working of the Managing Committee and one Mr. Gokhale. The cyclostyled appeal is produced in this case at exh. A. This appeal was circulated amongst the members in anticipation of a Special General Body Meeting held on July 11, 1971. In the said meeting, the members of the General Body took notice of this cyclostyled appeal issued by respondent No. 1 to the members of the Society. The members who were present at the meeting protested against the language used in this appeal by respondent No. 1. They also expressed their opinion that the circulation of such an appeal would adversely affect the interest of the Society. The members, therefore, requested that suitable action should be taken against respondent No. 1. On July 14, 1971, a letter was addressed by the Chairman of the Society to respondent No. 1 calling upon him to express his regret for issuing the appeal and he expressed his regret orally. On Sept. 26, 1971, annual meeting of the General Body was held and in that meeting the said appeal, Exh. A, again came up for discussion before the General Body. In that meeting, almost all the members supported the view that the allegations made by respondent No. 1 were baseless and far from truth. The members also expressed their desire that disciplinary action should be taken against respondent No. 1 without loss of further time. Respondent No. 1 was present in this meeting. But when he was asked to make a statement in the matter, he refused to do so. The General Body then passed a resolution calling upon the Managing Committee to take immediate suitable action against respondent No. 1 for issuance of the appeal dated July 5, 1971. In pursuance of tins direction given by the General Body, the Managing Committee met on Sept. 28, 1971 and decided that a resolution for the expulsion of respondent No. 1 from the Society be moved in a Special General Body Meeting and for that purpose it should also issue a show cause notice to respondent No. 1 before the meeting was convened. Accordingly, the Honorary Secretary of the Society for and on behalf of the petitioner issued a show cause notice dated October 4, 1971 to respondent No. 1 requesting him to forward his explanation within thirty days from the date of the receipt of the notice. Respondent No. 1 received this notice on Oct. 8, 1971. In response to this notice, he gave his reply on Nov. 3, 1971 through his advocate Mr. D. D. Saini. The Managing Committee gave a reply to respondent No. 1 to this reply received through his advocate. On Oct. 28, 1971, notice was circulated to all the members of the Society for a meeting to be held on Nov. 14, 1971. Accordingly, on Nov. 14, 1971, the Special General Body met to consider the resolution for the expulsion of respondent No. 1. In the meeting, it was re solved that respondent No. 1 should be expelled from the Society in accordance with the provisions of section 35(1) of the Act and bye-law No. 12(1) (e) of the Bye-laws of the Society (hereinafter called "the Bye-laws"). All the members present in the meeting supported the resolution and ultimately the re solution came to be passed unanimously. A copy of the minutes of the proceedings of the meeting held on Nov. 14, 1971 was sent to respondent No. 1 on Nov. 24, 1971. On Dec. 1, 1971, the Society sent a letter to the Deputy Registrar, Co-operative Societies, for approval of the action taken by the Society against respondent No. 1. On Jan. 31, 1972, the Assistant Registrar, Co-operative Societies, heard the parties on both the sides and gave his approval on Feb. 9, 1972 to the action taken by the Society against respondent No. 1 (vide Exh. F). Thereafter, respondent No. 1 went in appeal against that order of the Assistant Registrar before the Divisional Joint Registrar. But the Divisional Joint Registrar, after hearing the parties, dismissed the appeal on May 18, 1872. Respondent No. 1 then went in revision to the State Government against the order of the Divisional Joint Registrar under section 154 of the Act. The Secretary to Government, Agriculture and Co-operation Department, who heard the revision, set aside the orders passed by the lower authorities observing thus in the judgment :

(2.) Being, aggrieved by this judgment and order passed by the State Government, the Society has come to this Court under arts. 226 and 227 of the Constitution of India.

(3.) Now, before we deal with the points raised before us by the learned counsel Mr. Apte, appearing on behalf of the petitioner-Society, we think it appropriate to refer to the relevant provisions of the Act, the Rules and Bye-laws of the Society. Sec. 35 of the Act deals with expulsion of members and sub-s. (1) of this section, which is relevant here, reads thus :