UDHAV LAXMAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The present Writ Petition takes exception to order dtd. 23/5/2025 passed by respondent no.2-Divisional Joint Registrar, Kolhapur in Appeal No.206/2024, thereby setting aside order dtd. 25/11/2024 passed by Assistant Registrar, Co-operative Society, Taluka Koregaon, District Satara under Sec. 11 of Maharashtra Co- operative Societies Act, 1960 (for the sake of brevity hereinafter referred as 'MCS Act, 1960'), declaring respondent/individual members of Society to be disqualified.

(3.) The respondent no.4-Bhagwanrao Jadhav Vikas Seva Society Ltd. (for the sake of brevity hereinafter referred as 'Society') is Agriculture Credit Society registered under provisions of MCS Act, 1960. The respondent nos.6 to 53 were enrolled as members of Society. The petitioner, who is also member of respondent no.4-Society submitted application dtd. 6/10/2023 to Assistant Registrar alleging that individuals who were non-compliant of requirements for valid membership under bye-laws of Society are illegally added as members of Society. None of them has obtained loan from Society and only for political reason, they are added as members of Society. It was further alleged that some of members are not residing within jurisdiction of Society or they were not holding agriculture land within jurisdiction of Society. As such, they were not eligible to be members of respondent no.4-Society. List of 162 members was provided alongwith application with request to cause enquiry into matter. The Assistant Registrar appointed Enquiry Officer, who conducted enquiry, inspected record and submitted his report to Assistant Registrar. The notices were issued to individual members. Some of members filed detailed reply. After hearing parties, Assistant Registrar passed order dtd. 25/11/2024 holding that some of individual members were not residents of jurisdiction of Society or they were not holders of agriculture land in terms of Clause 6(4) of bye-laws. In result, passed order declaring them as disqualified in exercise of powers conferred under Sec. 11 of MCS Act, 1960.