SURESH DNYANDEO KHUMKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two writ petitions can be conveniently disposed of by this common judgment as they arise out of the same order passed in the appeal by the Additional Registrar, Co-operative Societies. A reference to the parties, for the sake of convenience, would be with reference to the Writ Petition No. 2380 of 1986. The petitioners 1 to 8 were elected as members of the Managing Committee of the petitioner No. 9 Society, registrar under the provisions of the Maharashtra Co-operative Societies Act, 1960 (for short the Act). They were elected on 8-7-84 and entered the office when the first meeting of the Managing Committee was held on 22-7-1984. It is non in dispute that according to the bye-laws of the petitioner No. 9 society, the tenure of the Managing Committee is five years and as such they would have been entitled to continue in office until 22-7-1989.

(2.) A show-cause notice dated 25-4-1986 containing five charges was issued under section 78 of the Act to the Managing Committee of the petitioner No. 9 society by the District Deputy Registrar, Co-operative Societies, Akola a copy of which was also sent to the Federal Society, as alleged in para 17 of the return filed on behalf of the respondents. The petitioners 1 to 8 submitted their reply to the show-cause notice. The matter was fixed 15-5-1986 for hearing which was subsequently changed to 12-6-1986. However, the petitioners 1 to 8 did not remain present on that day and, the application for adjournment filed by them was rejected. The matter was then fixed for orders by the then District Deputy Registrar Shri Bannore but as in the meantime he was promoted, Mr. Zalke, who took additional charge of his post of the District Deputy Registrar, Akola, passed an order dated 11-8-1986 under section 78 of the Act holding that all the charges were proved against the Managing Committee of the petitioner No. 9 society. He, therefore, ordered supersession of the Managing Committee of the said society and appointed an administrator in its place.

(3.) The petitioners 1 to 8 filed an appeal before the Additional Registrar, Co-operative Societies who granted stay of the order of supersession which in revision preferred against the same was vacated by the State Government without hearing the petitioners 1 to 8, who, therefore, filed a writ petition in this Court, in which this Court, directed the Appellate Court to pass an order on merits within 15 days. The Appellate Court, therefore, passed an order on merits on 20-11-1986, in which it held that the charge relating to keeping the cash balance in hand in contravention of the relevant bye-laws, was only proved but all other charges were not proved against the Managing Committee. However, since one charge as stated above was held proved, the learned Appellate Court maintained the order of supersession of the Managing Committee of the petitioner No. 9 society.