Supreme Court - Daily Orders
Namdev Shripati Patil vs State Of Maharashtra . on 30 August, 2016
¤(1
ITEM NO.13 COURT NO.6 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 15838/2015
(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 17/04/2015
IN WP NO. 872/2015 PASSED BY THE HIGH COURT OF BOMBAY)
NAMDEV SHRIPATI PATIL AND ORS. PETITIONER(S)
VERSUS
STATE OF MAHARASHTRA AND ORS. RESPONDENT(S)
(WITH APPLN. (S) FOR DIRECTIONS AND EXEMPTION FROM FILING C/C OF
THE IMPUGNED ORDER AND EXEMPTION FROM FILING O.T. AND PERMISSION TO
FILE ADDITIONAL DOCUMENTS AND INTERIM RELIEF AND OFFICE REPORT)
(FOR FINAL DISPOSAL)
WITH
SLP(C) NO. 13801/2015
(WITH INTERIM RELIEF AND OFFICE REPORT)
Date : 30/08/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE PRAFULLA C. PANT
For parties : Mr. P. Chidambaram, Sr. Adv.
Mr. H.P. Raval, Sr. Adv.
Mr. Shyam Divan, Sr. Adv.
Mr. Anshuman Animesh, Adv.
Ms. Astha Deep, Adv.
Mr. A. Radhakrishnan, Adv.
Mr. Shivaji M. Jadhav, Adv.
Mr. Brij Kishor Sah, Adv.
M/s. S.M. Jadhav & Company, Adv.
Mr. Sushil Karanjkar, Adv.
Mr. K. N. Rai, Adv.
Mr. Mahaling Pandarge, Addl. Govt. Adv.
Mr. Nishant Ramakantrao Katneshwarkar,
Govt. Adv.
2
Mr. Anil V. Anturkar, Sr. Adv.
Mr. Tanaji Mhatugade, Adv.
Mr. Satyajit A. Desai, Adv.
Mr. Abhay A. Anturkar, Adv.
Ms. Anagha S. Desai, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeals as also all pending applications are disposed of in terms of the signed order. [VINOD LAKHINA] COURT MASTER [MADHU NARULA] COURT MASTER [SIGNED ORDER IS PLACED ON THE FILE] 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8479 OF 2016 [Arising out of Special Leave Petition (Civil) No.15838/2015] NAMDEV SHRIPATI PATIL AND ORS. ...APPELLANTS VERSUS STATE OF MAHARASHTRA AND ORS. ...RESPONDENTS WITH CIVIL APPEAL NO.8480 OF 2016 [Arising out of Special Leave Petition (Civil) No.13801/2015] ORDER
1. Leave granted.
2. We have heard the learned counsels for the parties. The present dispute would be amenable to the jurisdiction of the Registrar, Cooperative Societies under Section 11 of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred 2 to as ⬠SMCS Act⬠\235). We, therefore, direct the Registrar of Cooperative Societies to exercise such jurisdiction vested in him under Section 11 of the MCS Act with regard to authenticity/genuineness/eligibility of 14563 members who were inducted into the Cooperative Society in the year 2011-2012.
The Registrar will perform the aforesaid
task in a manner considered appropriate by
him and for this purpose he may accept the
report of the Committee constituted by
order dated 1 st
December, 2012 of the Joint
Regional Director (Sugar) and Dy. District
Registrar of Cooperative Societies,
Kolhapur or decide not to accept the same
or to cause further verification of the
matter as he may consider it fit and
proper.
3. We have passed the above order in
the light of the provisions of the statute
3
which recognize the Registrar of
Cooperative Societies as the Statutory
Authority entrusted with the aforesaid task and consequently we have refrained from expressing any opinion on the merits of the controversy, notwithstanding the arguments advanced and the voluminous records placed by the contesting parties in support of their respective cases.
4. Once the aforesaid exercise is completed by the Registrar, naturally, the electoral roll will be prepared and elections will be held. Until the said process is over, we direct that the interim arrangement made by this Court, namely, that the Society will be administered by an Administrator shall continue. We request the Registrar, Cooperative Societies to expedite the matter to ensure that the same is completed as early as possible and 4 preferably within a period of four months from the date of receipt of a copy of this order. The Registrar, naturally, will perform the task assigned to him by this Court without being influenced by any of the observations made by the High Court in the impugned order. The order of the High Court shall stand modified to the above extent.
5. The appeals as also all pending applications therein are disposed of in the above terms.
....................,J. (RANJAN GOGOI) ...................,J.
(PRAFULLA C. PANT) NEW DELHI AUGUST 30, 2016