CHINTAN BUILDER & DEVELOPERS Vs. SATISH L. DAFAL

JUDGEMENT

(1.) A perusal of the Writ Petition shows that the Assistant Registrar, Co-operative Societies, filed on 19th January, 1996 his para-wise comments to the Appeal filed by the Petitioners before the Divisional Joint Registrar, Co-operative Societies. Very interestingly, in paragraph (s) of the said Comments, the Assistant Registrar candidly says that the Principal Secretary had on 27th and 28th December, 1995 given telephonic instructions that the society concerned should be immediately registered. He also states that the Assistant Registrar had a discussion with the Divisional Joint Registrar on 29th December, 1995, during which he was informed that there were "oral instructions" from the Principal Secretary and the District Deputy Registrar that, after making such a record, the society be registered. The Assistant Registrar also says that on 30th December, 1995 he had discussed the matter on telephone with the Principal Secretary of the Department, when the Principal Secretary told him that he should not wait for the Secretary's letter and, after making a record on the case papers, he should immediately register the Society.

(2.) SMT . Gokhale, learned Assistant Government Pleader, states that these instructions were perhaps given by the Secretary, acting on behalf of the Government of Maharashtra, in exercise of its powers under Section 7 of the Maharashtra Co-operative Societies Act, 1960.

(3.) THE Fifth Respondent shall file a detailed affidavit regarding the circumstances under which such telephonic instructions were given and as to whether this was an exercise of the power of the State Government under Section 7 of the Act.