NARAYAN Vs. ASSTT REGISTRAR CO OPERATIVE SOCIETIES YAVATMAL

JUDGEMENT

(1.) THIS judgment shall govern Writ Petitions Nos. 1510/1991, 1511/1991 and 1546/1991, as an identical point is involved in all the three petitions. Petitioners in all the three petitions were the members of one Housing Society, i. e. , Kanyaka Griha Nirman Sahakari Sanstha Ltd. , Yavatmal respondent No. 3. All the three petitioners had purchased the plots from the society. All the three petitioners were served with a notice dated 4-1-1986 calling upon them to pay the arrears by 31-1-1986, failing which as per bye-laws No. 4-A (2) their membership would be terminated. It has been stated in the said notice that for effecting the said termination a special general meeting would be held on 1-2-1986 and the petitioners were required to attend the same. It is an admitted fact that on 1-2-1986, the said meeting was actually held and in that the petitioners' membership was terminated in pursuance of S. 35. 1 of the Maharashtra Co-operative Societies Act, 1960. The resolution No. l specifically states to the effect that since in all seven members had failed to comply with the notice given to them and since these persons had failed to co-operate with the co-operative society by making the payments, their membership was being terminated.

(2.) AS per the provisions of S. 35 of the Maharashtra Co-operative Societies Act, 1960 this resolution was sent to the Assistant Registrar, Co-operative Society, Yavatmal for approval. The Assistant Registrar, by his order dated 29-4-1987 passed separate but common order in respect of all the seven members. He held therein that members had failed to co-operate with the society inasmuch as they had failed to construct their houses and having failed to make the due payment to the society. It seems that an opportunity was given by the Assistant Registrar to these members to make the payment before January 1987 but even then these persons remained in arrears and did not pay the amount. In short, the Assistant Registrar endorsed the action taken by the society by the concerned resolution. Appeals came to be filed against this order of approval by the Assistant Registrar. The Appellate Authority namely Divisional Joint Registrar, Co-operative Societies heard the appellants and dismissed the appeals. The concerned appeals are :- Appeal No. 3/1988 filed by Shri Bhaurao Keshaowar, Appeal No. 23/1987 filed by Shri Hardeolal Jaiswal and Appeal No. 25/1987 filed by Shri Narayan Embadwar. The orders passed by the Divisional Joint Registrar and the Assistant Registrar are challenged in the present petition.

(3.) SHRI Deshpande, learned counsel appearing for the petitioners in all the three petitions urged that both the orders are totally erroneous in law, inasmuch as both the authorities have ignored the mandatory provisions of S. 35 (1) of the Maharashtra Co-operative Societies Act, and Rules 28 and 29 of the Maharashtra Co-operative Societies Rules. According to Mr. Deshpande, firstly the mandatory notice which was required to be served individually, has not at all been served on any of the petitioners. He further contended that even if the notice is taken to have been served on the members, there is a specific breach of Rule 29, inasmuch as the said meeting for expulsion could not have been taken place before one month of the service of that notice. Rule 29 of the Maharashtra Co-operative Societies Rules, reads as under :