RAJARAM SHANKAR MANE Vs. DIVISIONAL JOINT REGISTRAR

JUDGEMENT

(1.) Rule. Considering the nature of challenge raised in the above Writ Petition, Rule is made returnable forthwith and heard.

(2.) The writ jurisdiction of this Court is invoked against the order dated 31/08/2018 passed by Respondent No.1 - Divisional Joint Registrar, Co- operative Societies, Kolhapur Division, Kolhapur by which order the Revision Application No.154 of 2018 filed by the Petitioner herein came to be rejected and resultantly the order dated 26/04/2018 passed by Respondent No.2 - Assistant Registrar on the complaint of Respondent No.4 bearing O.W. No.202/SNIK/KAKSH-2/K75(5)Vitthal Dindnerili/18 thereby disqualifying the Petitioner from being the member or being elected as member of the managing committee for the remaining tenure of the present managing committee came to be confirmed.

(3.) It is not necessary to burden this order with unnecessary details. Suffice it would be to state that the cause for filing the Revision Application No.154 of 2018 by the Petitioner is the order dated 26/04/2018 passed by Respondent No.2 under Section 75(5) of the Maharashtra Co-operative Societies Act , 1960 (for short "the said Act") disqualifying the Petitioner from being member or being elected as member of the managing committee for the remaining tenure of the present managing committee. The said disqualification of the Petitioner was pursuant to the complaint made by Respondent No.4 on the ground that Annual General Meeting was not held by the Petitioner and, annual audit of the society was not done from the year 2015 and that audit rectification report was not submitted before the Annual General Meeting, as also the provisions of bye-laws, in particular 8(2) and 8(22) were not followed. Respondent No.2 after following gamut of process of issuing notices etc and after giving the parties an opportunity to file their replies had passed the said order dated 26/04/2018 under Section 75(5) of the said Act and disqualified the Petitioner from being the member or being elected as member of the managing committee for the remaining tenure of the present managing committee came to be confirmed.