Supreme Court - Daily Orders
Vastushilp Majoor Sahakari Sanstha ... vs State Of Maharashtra on 29 August, 2016
Bench: V. Gopala Gowda, Adarsh Kumar Goel
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ITEM NO.31+51 COURT NO.8 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). 24505/2016
(Arising out of impugned final judgment and order dated 28/07/2016
in WP No. 6744/2015 passed by the High Court Of Bombay At Nagpur)
VASTUSHILP MAJOOR SAHAKARI SANSTHA MARYADIT AND ORS Petitioner(s)
VERSUS
STATE OF MAHARASHTRA AND ORS Respondent(s)
(with appln. (s) for exemption from filing O.T. and interim relief)
With
Petition(s) for Special Leave to Appeal (C) No(s). 24972/2016
(With appln.(s) for exemption from filing c/c of the impugned
judgment and exemption from filing O.T. and interim relief and office
report)
Date : 29/08/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
For Petitioner(s) Mr. Shivaji M. Jadhav, Adv.
Mr. Anshuman Animesh, Adv.
Ms. Sakshi Kaushik, Adv.
For M/s. S.M. Jadhav & Company
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Digitally signed by Heard learned counsel for the petitioners. VINOD KUMAR Date: 2016.09.01 18:33:09 IST Reason:
I.A. Nos. 2 & 3, 4 and 5 & 6 in SLP(C)
No.24505/2016 are allowed.
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I.A. Nos. 1, 2, 3 and 4 & 5 in SLP(C)
No.24972/2016 are allowed.
The correctness of the common impugned
judgment and order dated 28.7. 2016 passed in the Writ Petition Nos. 6739 and 6744 of 2015 passed by the High Court of Judicature at Bombay Nagpur Bench, Nagpur in affirming the order dated 18.11. 2015 passed by the Minister for Cooperation in proceedings under Section 154 of the Maharashtra Cooperative Societies Act, 1960 (for short “the Act”) which was challenged in the said writ petitions. At the instance of the order dated 18.11.2015 passed by the Minister for Cooperation in Revision Application No. 101 of 2015 whereby the Minister has allowed the Revision Application by setting aside the order dated 5.1. 2015 of Divisional Joint Registrar, Cooperative Societies, Nagpur Division, Nagpur. The Minister in exercise of revisional power has found fault with the order of the Division Joint Registrar with regard to the scrutiny of proposals of 3 registration of the petitioner-societies by constituting the Scrutiny Committee was improper and invalid.
Correctness of the same is challenged in these SLPs.
The said divisional order was passed at the instance of Gondia District Labour Federation. We do not propose to interfere with the common impugned judgment and order. However it would be suffice to make an observation that it is open for the Divisional Scrutiny Committee as observed by the Divisional Joint Registrar of Cooperative Societies in his order dated 5.1.2015 passed in Appeal No. 30 of 2010 at the instance of the said Federation to examine the claims of the petitioner-Societies at pre-registration stage of the said Societies on such applications that may be filed by each one of them. The same shall be considered by the Joint Registrar of Cooperative Societies, Nagpur Division and dispose of the same in accordance with law keeping in view the Circular dated 6.12.2008 issued by the State 4 Government with respect to the registration of Labour Cooperative Societies in Maharashtra. It is needless to mention that the said exercise of scrutiny must be made by the said Committee before pre-registration expeditiously and on such scrutiny the applications that will be filed by each one of the Cooperative Societies of the petitioners herein shall be considered and disposed of by the Joint Registrar Cooperative Societies expeditiously but not later than three months from the date of the receipt of the order .
With the aforesaid direction, the special leave petitions are disposed of.
(VINOD KUMAR JHA) (SUMAN JAIN)
AR-CUM-PS COURT MASTER