CHANDRAPUR AUSHNIK VIJ KENDRA KARAMACHARI PATH SANSTHA Vs. DIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) Rule. Heard forthwith by consent of parties. Heard respective counsel appearing in both the matters. These petitions can conveniently be disposed of by this common judgment.

(2.) In this petition, the petitioner has challenged the appellate Order dated 25-6-2007 made by the respondent No. 1. The petitioner Society, taking recourse to bye-law No. 40 of the Society, issued notices to respondents No. 3 to 6 asking for their explanation as to why they should not be removed for not attending consecutive six meetings between 24-6-2006 and 14-10-2006. The respondents no. 3 to 6 did not reply to the communication asking them to show cause and instead, they filed dispute on 17-10-2006 in the Co-operative Court praying that the meeting to be held on 18-10-2006 in which there was a proposal to remove them from the Managing Committee was to be discussed be declared illegal but they did not get any order from the Co-operative Court for stay of the said meeting dated 18-10-2006. In the meeting which was held on 18-10-2006, the managing Committee found that despite giving opportunity to respondents No. 3 to 6 to show cause or furnish explanation as to why they did not attend consecutive meetings, respondents No. 3 to 6 did not respond and in the absence thereof, in terms of bye-law No. 42, resolution was passed for their removal. It appears that thereafter the Society intimated the Assistant Registrar, co-operative Societies, Chandrapur by endorsing a copy thereof and respondent No. 2 issued show cause notice under section 78 of the Maharashtra co-operative Societies to respondents 3 to 6 calling upon them to explain as to why they should not be removed. The show-cause notice was obviously issued on the basis of their removal in the meeting dated 18-10-2006. The Assistant registrar made an order under section 78 of the Act removing respondents No. 3 to 6. That order came to be challenged before the Appellate Authority i. e. respondent No. 1 by respondents No. 3 to 6 who entertained the appeal and set aside the order made by the 2nd respondent removing respondents No. 3 to 6. Hence, this writ petition. Writ Petition No. 3801 of 2007 :

(3.) In this writ petition, there is a challenge to the Order dated 25-6-2007 made by the Appellate Authority viz. the Divisional Joint Registrar who set aside the order dated 6-3-2007 made by the Assistant Registrar, Co-operative Societies, chandrapur superseding the Managing Committee of respondent No. 3 Society and appointing the Administrator. It appears that on 12-12-2006, the 2nd respondent issued show-cause notice under section 78 (1) of the Maharashtra cooperative Societies Act to the Managing Committee of the respondent No. 3 society mainly on the ground that there existed dispute in the Managing committee members. As a result, two rival groups have come to the fore fighting with each other. It appears that the resolution of removal of about four members from the Managing Committee passed on 18-10-2006 was the point of ignition of the said action being taken by the respondent No. 2. On the basis of the said show-cause notice, the 2nd respondent made an order on 6th March, 2007 removing the entire Managing Committee of the respondent No. 3 Society and appointed Administrator in its place. Being aggrieved by the said order, the respondent No. 4 filed appeal before the Appellate Authority viz. the Divisional joint Registrar. That appeal came to be allowed under the impugned order made by the Authority. Hence, this writ petition. Arguments