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Showing contexts for: section 91 mcs act in Arun Madhavrao Patil And Ors vs The Hon'Ble Minister For Co-Operative ... on 1 August, 2018Matching Fragments
16. In so far as the submission of the learned senior counsel for the petitioners that there was no discussion held in the meeting held on ppn 10 wp-10878.17(j).doc 4th September 2016 or that the minutes of the said meeting are fraudulent is concerned, it is submitted by the learned counsel for the respondent no.4 that the resolution was passed after discussion in the said meeting and in accordance with the agenda of the Annual General Body Meeting. None of the members have filed any dispute challenging the said resolution passed in the said Annual General Body Meeting under Section 91 of the said MCS Act and thus cannot dispute the authenticity and correctness of the minutes in this writ petition for the first time.
17. There is no dispute that the original area of operation of the respondent no.4 society was only restricted to Sangli. It is not in dispute that the amendment to the bye-laws could be made by passing a resolution in the General Body Meeting of the respondent no.4 society and such resolution would be subject to the permission from the respondent no.1 and the RBI. It is not in dispute that the resolution passed by the respondent no.4 in the General Body Meeting has not impugned by any of the members under Section 91 of the said MCS Act and thus the said resolution is binding on all the members of the respondent no.4 society. A copy of the said resolution was forwarded by the respondent no.4 to the respondent no.1 for approval. The respondent no.1 rejected ppn 11 wp-10878.17(j).doc the said application for sanction for carrying out amendment to the bye-laws of the respondent no.4 society.
ppn 12 wp-10878.17(j).doc
19. In so far as the submission of the learned senior counsel for the petitioners that there was no discussion in the General Body Meeting held on 4th September 2016 or that the minutes of the general body meeting prepared by the respondent no.4 were fabricated and does not reflect the true picture is concerned, it is not in dispute that none of the members have challenged the validity of the said resolution by filing a dispute under Section 91 of the MCS Act and thus the said resolution is binding on all the members. Learned Minister has considered this aspect and has rightly allowed the amendment to the bye-laws partly. I am thus not inclined to accept the submission of the learned senior counsel for the petitioners that the said resolution was illegal.