ARUN DATTATRAYA KUMBHAR Vs. DIVISIONAL JOINT REGISTRAR

JUDGEMENT

(1.) The challenge in these writ petitions, instituted under Articles 226 and 227 of the Constitution of India, is directed against the orders passed by the Competent Authorities under Ss. 23(2) and 154 of the Maharashtra Cooperative Societies Act, 1960 ("MCS Act"), whereby the applications filed by the petitioners seeking membership in Respondent No.3 - Water Supply Society ("the Society") were rejected. The crux of the dispute hinges on the interpretation of the Society's bye-laws and the statutory mandate under the MCS Act.

(2.) The petitioners across all three writ petitions applied for membership in the Society, asserting compliance with the eligibility criteria prescribed under Bye-law. The Society, however, rejected their applications, contending that the membership of the petitioners' father, a former member, had been lawfully transferred to their paternal uncle under Sec. 30(2) of the MCS Act, thereby disentitling the petitioners to seek fresh membership. This rationale, grounded in purported succession principles, forms the nucleus of the controversy.

(3.) Aggrieved, the petitioners invoked the appellate jurisdiction under Sec. 23(2) of the MCS Act, which was dismissed by the Appellate Authority. In revision under Sec. 154 of the MCS Act, the Divisional Joint Registrar, while affirming the petitioners' contention that the Society's reasoning was extraneous to the statutory framework, paradoxically remanded the matter with liberty to file fresh applications. This revisionary order, though acknowledging the infirmity in the Society's decision, declined to grant substantive relief, thereby precipitating the present writ petitions.