PRESIDENT NAGARPALIKA PRATHAMIK SHALA SHIKSHAK SERVANTS CO-OPERATIVE CREDIT Vs. RAMCHANDRA DAMODAR UMALKAR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is filed by the President of a Co-operative credit society styled as Nagar Palika Prathamik Shala Shikshak Servants Co-operative Credit Society. Buldana. The petitioner challenged the legality of the orders of the second and third respondents in purported exercise of their powers under the Maharashtra Co-operative Societies Act (Maharashtra Act No. XXIV of 1961).

(2.) A few facts giving rise to this petition may now be noticed. The petitioner society has been registered under the Maharashtra Co-operative Societies Act, 1960, and consists of 25 members. The Society is a co-operative credit society for the benefit of primary school teachers employed in the Municipality at Buldana. The first respondent Shri R.D. Umalkar, is apparently the Headmaster of Primary School No.2 run by the Buldana Municipal Committee. He made an application on 5th April 1965 for being admitted to the membership of the petitioner society. A copy of that application has not been produced by the petitioner. The petitioner society has made byelaws regulating admission of members to that society. It is stated that an application for membership is normally disposed of by the Managing Committee of the Co-operative Society, and if the Managing Committiee rejects the application, the person seeking membership is entitled to prefer an appeal which is disposed of by the General Body of the Society.

(3.) The application of the first respondent was considered by the Managing Committee at its meeting held on 16-6-1965. The Managing Committee did not accept the application for membership but instead directed the first respondent to produce certain documjents at the next meeting so that the society may consider his application. For this purpose they passed resolution No.2 to the following effect: