KESHAORAO NARAYANRAO PATIL Vs. DISTRICT DEPUTY REGISTRAR

JUDGEMENT

(1.) Maharashtra Act No. 20 of 1986 (brought into force with effect from 12-5-1986), the Maharashtra Co-operative Societies Act, 1960 (the Act) has been amended and section 73-FF has been added. It deals with the subject of disqualification for membership of the Committee. Sub-section (2) of section 73-FF mentions that A member who has incurred any disqualification under sub-section (1), shall cease to be a member of the Committee and his seat shall thereupon be deemed to be vacant." The principal point raised in this petition is whether such cessation takes place automatically or has to be preceded by a hearing and thereafter an order as required under section 78 of the Act dealing with the power of Registrar to remove a member, on the ground of incurring a disqualification.

(2.) The point arises against the following backdrop. Petitioner Keshaorao Patil, while he was holding the office of the President-Director of Vikas Khand Sahakari Shetki Kharedi Vikri Samiti Limited, Barshi Takli, had purchased goods on credit from the said society, between 23rd June, 1976 to 17th December, 1977. The Auditor reported these outstanding dues, on the basis of which inquiry under section 83 of the Act was started by the Sub-Divisional Assistant Registrar, in which a sum of Rs. 36,123.91 was found due. Show-Cause notice was issued. No payment was made and hence a dispute under section 91 was ordered to make a payment of Rs. 29,181/- vide order dated 12-2-1986. The petitioner carried an appeal before the Maharashtra State Appellate Court, which was pleased to grant the stay of operation of the order of Co-operative Court on 1-7-1986.

(3.) Election of the District Loan Committee of the Maharashtra State Land Development Bank Limited was scheduled. The petitioner filed nomination paper from Barshi-Takli Murtizapur Constituency. An objection was raised to the nomination paper that the petitioner had incurred disqualification within the meaning of section 73-FF(1)(c)(ii), and, therefore, was not eligible for being elected as a member of the Committee. Objection to the nomination paper was rejected on the ground that on that day the order of directing payment by the Co-operative Court was stayed by the Appellate Court. Thereafter the election was held on 22-10-1986, the petitioner was elected as one of the 7 delegates from the District. On 29-10-1986 the appeal filed by the petitioner before the Co-operative Appellate Court came to be dismissed and the stay granted on 1-7-1986 stood automatically vacated. Election of the Chairman of the District Loan Committee as contemplated under section 112-A was scheduled to be held on 12-11-1986 in the first meeting of the Committee. Notices for the same were issued by the Collector on 4-11-1986. The petitioner was not given such notice and hence he wrote a letter to the District Deputy Registrar and the Collector on 5-11-86, making a grievance and seeking information as to why no notice was issued to him. After some correspondence the Collector informed the petitioner that the District Deputy Registrar vide his confidential letter has informed the office of the Collector that the appeal before the Co-operative Appellate Court was dismissed on 29-10-1986 in view of which the petitioner had incurred disqualification and had ceased to be a member under section 73-FF(2).