LAWS(BOM)-2019-10-63

SANTOSH DEVRAO GARJE Vs. BHARATKUMAR GANGANAMONI

Decided On October 09, 2019
Santosh Devrao Garje Appellant
V/S
Bharatkumar Ganganamoni Respondents

JUDGEMENT

(1.) Heard Mr. Raju Yamgar, learned counsel for the Petitioners, Mr. Sohel Shaikh, learned counsel for Respondent No. 1 and Mr. C. D. Mali, learned Assistant Govt. Pleader for the State - Respondents.

(2.) This petition challenges the order dated 19.09.2019 passed by Respondent No.4 -Hon'ble State Minister, as the Revisional Authority staying the order dated 21.06.2019 passed by the Appellate Authority - Respondent No.2.

(3.) Petitioners are shareholder members of the Co- operative Society called "Ajay Co-operative Housing Society Ltd.,", which is registered under the Maharashtra Co-operative Societies Act, 1960. Their allegation is that the Managing Committee of Ajay Cooperative Housing Society Ltd., (the Co-operative Society) failed to hold Annual General Meeting (AGM) for the year 2015- 2016 within the statutory period. A complaint was made before Respondent No. 2 by the petitioners, contending that by not holding AGM within the statutory period, the Managing Committee stood automatically dis-qualified and, therefore, elections should be held for electing new Managing Committee and in the interregnum to appoint authorized officer to manage the affairs of the Co-operative Society. This prayer of the petitioners was allowed by Respondent No. 2 vide order dated 21.06.2019, by disqualifying the members of the Managing Committee of the Cooperative Society from contesting the next election. The next prayer was also allowed, by appointing Respondent No.3 as the authorized officer of the Cooperative Society, who was directed to take steps for holding fresh elections.