BABURAO Vs. DIVISIONAL JOINT REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) RULE returnable forthwith. Heard finally by consent of parties.

(2.) BY the present writ petition, the petitioner has challenged an interlocutory order dated 22/2/2007 made by the Appellate Authority, namely, Joint Registrar, Co-operative Societies, Amravati in pending appeal bearing Appeal No. 2/2007. The Deputy District Registrar had in the proceedings under Section 78 (1) of the Maharashtra Co-operative Societies Act removed the entire managing committee of respondent No. 8 - Society which is a credit co-operative society. That order of removal was not challenged by the petitioner because the petitioner wanted to accept the said removal. However, the respondent Nos. 4 to 7 felt aggrieved by the said order of removal under Section 78 (1) of the M. C. S. Act and, therefore, decided to put the said order to challenge in a regular statutory appeal provided by law. Accordingly, they approached Appellate Authority along with stay application. The Appellate Authority made impugned order and having found prima facie case in favour of respondent Nos. 4 to 7 stayed the said order of removal under Section 78 (1) of the M. C. S. Act pending decision of the appeal.

(3.) ADVOCATE Shri Ghare for petitioner submits that the petitioner was not joined as party respondent to the said appeal by the respondent Nos. 4 to 7 and it was essential for respondents to do so because the entire managing committee was removed. The appeal was therefore bad for non-joinder of necessary parties. He further submits that after removal of members of the managing committee, the Administrator has taken over the charge which fact was suppressed in the appeal before the Appellate Authority by respondent Nos. 4 to 7. That being the position, he rushed to this Court and filed this writ petition.