RAJIV GANDHI MACCHIMAR SAHAKARI SANSTHA MARYADIT AND ORS. Vs. DEPUTY REGISTRAR, COOPERATIVE SOCIETIES AND ORS.

JUDGEMENT

(1.) Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties.

(2.) The petitioner society was granted registration under Section 9 of the Maharashtra Cooperative Societies Act in the year 2006. This was the subject matter of challenge in a revision under Section 154 of the said Act. The Deputy Registrar, Cooperative Societies has in exercise of its jurisdiction under Section 154 of the said Act confirmed the order of registration of the petitioner society, by dismissing the revision. However, the direction is given to conduct an enquiry as contemplated under Section 21A of the said Act and to submit the report. This order passed on 22.08.2014 is under challenge in both these writ petitions only to the extent it directs conducting of enquiry under Section 21A of the said Act. The contention raised is that the powers under Section 21A of the said Act can be exercised in terms of subsection (5) therein by an officer not below the rank of a Joint Registrar, Cooperative Societies. It is not in dispute that in the present case, the power has been exercised by an officer below the rank of a Joint Registrar, Cooperative Societies.

(3.) Section 21A(5) of the said Act being relevant is reproduced below.