MARAYADIT KOLHAPUR Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) RESPONDENT Nos. 5 to 65 in the present appeal had filed appeal under Section 152 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act") before the Joint registrar, Co-operative Societies (Dairy), mumbai, against the order dated 30th december, 2006, passed by the Deputy registrar, Co-operative Societies (Dairy), Pune. The Deputy Registrar in that order had granted approval to the resolution passed in the Annual general Body meeting held on 11th November, 2005, under Section 35 of the Act which expelled 225 societies from its membership. The order dated 30th December, 2006, was challenged on various grounds, including that there was no proper meeting and no proper procedure was followed in accordance with law. The affected parties were not granted proper notices. Notices of the Annual General meeting dated 11th November, 2005 were sent on 11th October, 2005 and were received by the concerned societies from 12th to 18th october, 2005 and as such the said notice is not of clear 30 days as required under law. Reliance was also placed upon different judgments of the Court. Another contention that was raised before the authorities was that approval had been granted without proper application of mind and in a routine manner. As there was no compliance of Section 35 of the act read with Rules 28 and 29 of the maharashtra Co-operative Societies Rules, 1961 (hereinafter referred to as "the Rules") which are mandatory, the entire order is vitiated. These arguments were contested by the Appellant that notices were issued to all 263 societies on 6th june, 2005 and from 11th October, 2005 only 38 societies started supplying milk again and remaining 225 societies were absent on 11th october, 2005. Despite service of notice, no written representation was received. No explanation to show cause notices was received and resultantly they were expelled. The Appellate authority, Joint Registrar, Co-operative societies (Dairy), Worli, after dealing with all these contentions in great detail, held as under:-

(2.) THE order of the Appellate authority dated 11th May, 2007 was challenged by the affected parties before the Minister (Dairy development) by filing a revision application. The re visional authority vide his order dated 11th july, 2007, found that the order of the Appellate authority was not in conformity with the division Bench judgment of this Court in the case of Bhaskar Laxman Rane Vs. Shri. Gurudev Nityanand Co-operative Housing society Ltd. , Worli, Bombay and others, 1998 (3) Mh. LJ. 127, and resultantly set aside the above order and passed the following direction:-

(3.) CORRECTNESS of the order of revisional authority dated 11th July, 2007, was challenged by the appe 11ant by filing Civil Writ petition No. 5251 of 2007, which was also dismissed by a learned single Judge by a detailed judgment dated 18th July, 2007.