Bombay High Court
Mahendra Gandhi (Hon. Chairman) And 6 ... vs The Deputy Registrar, Co-Operative ... on 22 June, 2021
Author: V.G. Bisht
Bench: R.D. Dhanuka, V.G. Bisht
ppn 1 8.wpl-13474.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.13474 OF 2021
Mahendra Gandhi & Ors. .. Petitioners
Versus
The Deputy Registrar, Co-operative Societies,
'D' Ward & Ors. .. Respondents
---
Mr.Kunal Bhanage for the petitioner.
Mr.Manish Upadhye, AGP a/w Mr.Himanshu Takke, AGP for the
respondents-State.
---
CORAM : R.D. DHANUKA
V.G. BISHT, JJ.
DATE : 22nd JUNE 2021 P.C.:-
. Rule. Learned AGP waives service for the respondents. By consent of parties, petition is heard finally.
2. By this petition filed under Article 226 of the Constitution of India, the petitioners have impugned the order dated 16th June 2021 passed by the Deputy Registrar of Co-operative Societies thereby appointing an Administrator (respondent no.2) to take over the functioning and affairs of the Crystal Co-operative Housing Society Ltd.
3. There are total 60 members of the said society including the petitioners herein. The Managing Committee of the said society is comprising of 8 members whose names are described in paragraph 10 of the petition. It is the case of the petitioners that the petitioner no.1 who is the Chairman of the society had in haste and due to certain internal ::: Uploaded on - 22/06/2021 ::: Downloaded on - 23/06/2021 05:44:08 ::: ppn 2 8.wpl-13474.21.doc misunderstandings, forwarded a letter to the respondent no.1 tendering his resignation. He requested to take appropriate steps. However, within a short span of time, on 14 th February 2021, the petitioner no.1 addressed another letter to the Deputy Registrar of Co-operative Societies withdrawing the said letter dated 2nd February 2021 stating that the said letter dated 2nd February 2021 was sent in haste and without complying with the regulations and byelaws of the society and more particularly section 131 of the byelaw.
4. No affidavit-in-reply is filed by the respondents. We have heard the learned counsel for the parties and have perused the averments made in the petition and annexures to the writ petition.
5. The petitioners annexed a copy of the letter addressed by 50 members of the said society to the Deputy Registrar of Co-operative Societies confirming their concurrence and support to the remaining members of the managing committee and reposed confidence that the existing committee members will efficiently manage the day to day functioning of the society and do all that is needful to regularize the matters of the society in accordance with the byelaws and relevant regulations. Though the said letter was received by the Deputy Registrar of Co-operative Societies on 15th February 2021, the Deputy Registrar passed an order dated 16th June 2021 under Section 77(A) of the Maharashtra Co-operative Societies Act, 1960 appointing an Administrator for the said society. The society has already appointed a new committee in its Special General Body Meeting on 22 nd February 2021.
::: Uploaded on - 22/06/2021 ::: Downloaded on - 23/06/2021 05:44:08 :::ppn 3 8.wpl-13474.21.doc
6. Learned AGP does not dispute that the Deputy Registrar of Co-operative Societies had received the said letter dated 14 th February 2021 addressed by the petitioner no.1 and also by other 50 members supporting the managing committee. The Deputy Registrar of Co- operative Societies did not take into consideration the said letter and passed ex parte order thereby appointing an Administrator.
7. In our view, since majority of the members of the society have reposed confidence in the managing committee and erstwhile managing committee had withdrawn their resignations, the Deputy Registrar of Co-operative Societies could not have passed an order appointing an Administrator under Section 77(A) of the Maharashtra Co-operative Societies Act, 1960.
8. If the authority has any other grievance against the society, the authority can take an appropriate action in accordance with law. The impugned order dated 16th June 2021 is accordingly quashed and set aside.
9. Rule is made absolute in terms of prayer clause (a). No order as to costs.
V.G. BISHT, J. R.D. DHANUKA, J.
::: Uploaded on - 22/06/2021 ::: Downloaded on - 23/06/2021 05:44:08 :::