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. By this writ petition, the petitioner-Educational Institution seeks quashing of communication dt. 19.08.2016, sent by Divisional Joint Registrar, Co-operative Societies, Nashik and directions to Commissioner for Co-operation, Co-operative Societies, Pune and Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik, the respondents No. 2 and 3 herein, to expeditiously decide the proposal for de-registration of society under the provisions of Maharashtra Co-operative Societies Act, 1960. The petitioner also seeks declaration that, its proposal for de-registration is maintainable and seeks directions to respondents No. 2 and 3 to decide it on its own merits within a stipulated time.

3 WP10087.2016

2. The facts relevant for deciding this writ petition may be stated as follows:-

The petitioner is a Co-operative Society registered in 1936 under the Bombay Co-operative Societies Act, 1925 and is running schools and colleges in Pachora taluka, Dist. Jalgaon. After enactment of Bombay Public Trust Act, 1950 the petitioner was also registered under the said Act in 1954. On introduction of Maharashtra Co-operative Societies Act, 1960, the petitioner was deemed to be registered under the new Act. The petitioner found it difficult to be governed by two different enactments viz. Bombay Public Trust Act as well as Maharashtra Co-operative Societies Act, simultaneously. The petitioner felt it necessary to be governed by Maharashtra Public Trust Act only. The petitioner in a meeting of Managing Committee dt. 12.03.2012, resolved to be governed by Maharashtra Public Trust Act alone and get itself de-registered under the Maharashtra Cooperative Societies Act. The petitioner on 20.04.2012 submitted a proposal for its de-registration to respondent No. 4 - District Deputy Registrar, Co-operative Societies, Jalgaon Dist. Jalgaon. Thereafter, respondent No. 4 informed the petitioner vide letter dt. 18.05.2012 that the proposal could not be considered since the issue of de-registration was under consideration of Law & Judiciary 4 WP10087.2016 Department. The petitioner filed Writ Petition No. 341 of 2012 in this Court and the Division Bench consisting of one of us (Justice R. M. Borde), issued directions to respondent No. 2 therein to consider and decide the application dt. 20.06.2013, presented by the petitioner, as expeditiously as possible and preferably within a period of three months. Then, on 14.08.2013, in a General Body Meeting, the petitioner-society unanimously adopted a resolution for its de-registration. The petitioner submitted written arguments of notes before respondent No. 2 on 26.08.2013 and by letter dt. 01.10.2013, respondent No. 2 - Commissioner for Co-operation, Co-Operative Societies, Maharashtra State, Pune through Additional Registrar asked respondent No. 4 to adopt appropriate procedure with regard to de-registration of petitioner-society and submit compliance report. The petitioner submitted its reply to respondent No. 4. On 16.11.2014, again a Special General Body Meeting of petitioner-society was held and an unanimous decision was taken to get the society de-registered under the Maharashtra Cooperative Societies Act and maintain its status as a public trust. A copy of the decision was submitted to respondent No.4-District Deputy Registrar on 24.11.2014. In the meanwhile, on 02.09.2014, respondent No. 4 submitted a proposal to respondent No. 3 - Divisional Joint Registrar, Nashik, in favour of de-registration of the society under newly 5 WP10087.2016 amended Section 21A(5) of the Maharashtra Co-operative Societies Act, 1960. By order dt. 03.03.2016, respondent No. 3 called upon respondent No. 4 to submit report on proposal for de-registration of society dt. 02.09.2014. After receipt of report dt. 30.05.2016, without giving any hearing to the parties, respondent No. 3 passed impugned order dt.19.08.2016, whereby the proposal was rejected on the ground that it was not falling within the grounds on which a Society can be de-registered as per Sections 21 & 21A of the Maharashtra Cooperative Societies Act, 1960.

Provided that, where the number of members of the society is so large and it is not possible to ascertain the correct addresses of all such members from the records in the office of the Registrar and, in the opinion of the Registrar it is not practicable to serve a notice of hearing on each such individual member, a public notice of the proceedings of the de-registration shall be given in the prescribed manner and such notice shall be deemed to be notice to all the members of the society including the Chief Promoter and the members of the Committee of the Society, and no proceeding in respect of the de-registration of the society shall be called in question in any Court merely on the ground that individual notice is not served on any such member.

registration u/s 21A of the Maharashtra Cooperative Societies Act.

16. We are, therefore, inclined to allow the petition. Hence the following order.

                                         ORDER


       [I]        The Writ Petition is allowed.


       [II]       The order passed by respondent No. 3 - Divisional Joint 

Registrar, Nashik Division, Nashik dt. 19.08.2016 thereby holding that the proposal of the petitioner for de-registration of the society is not covered u/s 21 or 21A of the Maharashtra Cooperative Societies Act, 1960, is set aside and it is declared that the proposal of the petitioner for de-registration of the Society squarely falls under Section 21 and 21A of the Maharashtra Cooperative Societies Act, 1960.