NARAYAN TANBAJI AND OTHERS Vs. KAMGAR CO

JUDGEMENT

(1.) It is unfortunate that in spite of the peculiar facts giving rise to this petition, the petitioner has unnecessarily delayed the termination of the proceedings already taken under the remedies provided by the statute under which both the parties claim rights.

(2.) The petitioners, 43 in number, claim to be members of the respondent No. 1 Society, which is a Co-operative Society registered under the Maharashtra Co-operative Societies Act, 1960. The Annual General Meeting of the respondent No. 1 Society was held on 16-9-1962, and N. L. Rao was declared elected the President of the Society. This N. L. Rao however is not impleaded individually as a party to this petition, though his name figures as the President of the Society. The election of N. L. Rao as the President was challenged by the respondent No. 6 Khobragade by an application under section 91 of the Maharashtra Co-operative Societies Act. The application was decided by the Registrar's Nominee on 31-3-1964 in which it was held that the election of N. L. Rao was invalid. This decision of the Registrar's Nominee was challenged before the Co-operative Tribunal by the Society. To this appeal, the respondents Nos. 6 to 10 in this petition and Borne other persons were impleaded as parties; but it is an admitted position that all those persons who claimed to be members of the Society were not impleaded as such to this appeal. An application was put in by the parties to the appeal which was registered as Appeal No 247 of 1964 before the Co-operative Tribunal, that both sides were ready to abide by the decision of the District Deputy Registrar, Co-operative Societies, to formulate a list of members on the basis of audited reports and any other documentary proof, and it was further stated that the parties agreed that the District Deputy Registrar should hold an election of office-bearers of the Society on the basis of the list so prepared, before 30-9-1964. In view of such an application the two members of the Co-operative Tribunal, who heard the matter, recorded the application as a compromise and in substitution of the award which was impugned, this compromise was treated as the award.

(3.) The District Deputy Registrar, as agreed to under the compromise in appeal, prepared a list of 86 members showing as members of the respondent No. 1-Society. He compiled this list on 14-9-1964, but this list was again revised by the District Deputy Registrar on 17-9-1964 and the number of members was reduced from 85 to 82. In the new list showing 82 persons as the members, it is alleged that the persons shown as members at serial Nos. 12, 20, 35, 44, 46 and 47 in the earlier list of 14-9-1964 were omitted and the names of persons now appearing at serial Nos. 42, 43, 44, 45 and 48 in the new list were added. The reason given for revising the list as stated in the order-sheet dated 16-9-1964 is that on verification of the list of members, it was found that three persons, i.e. 1. Harbaji Warluji Ahirkar, 2. Narayan Sadasheo Dhakulkar and 3. Narayan Tukuram Bawankule, were the persons whose names appeared twice in the earlier list dated 14.9-1964.