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Anand Lok Co-Operative Group Housing ... vs The Registrar Co-Operative Societies ... on 16 October, 1996 cites

Balasinor Nagrik Cooperative Bank Ltd. vs Babubhai Shankerlal Pandya And Ors. on 10 February, 1987

(9) In case the aforementioned resolution had been sent for the approval of the Registrar and had otherwise been brought to his notice, the Registrar as per Sub-rule (3) of Rule 36 was required to consider the resolution and was expected only to make such enquiry as to whether full and final opportunity had or had not been given to respondent No. 4. Thereafter he was to accord his approval and communicate the same to the petitioner Society and the member concerned within a period of six months. Admittedly no such approval was accorded and communicated to the petitioner Society within a period of six months from the date of the receipt of the Resolution. It was done much after the expiry of the period of six months. Sub-rule (iii) of Rule 36 casts a duty on the Registrar to exercise his power of according approval or disapproval within a period of six months from the date of receipt of the Resolution. The plain words used in Sub-rule (3) of Rule 36 places a limitation on the powers of the Registrar. Intention of the Legislature is clear that once the period of six months stipulated in the Rule expires the Registrar becomes functus officio whereafter this power to accord approval or disapproval to the Resolution passed by the Society under Sub-rule (1) of Rule 36 for expulsion of a member of the Society and the Managing Committee of the society ceases to exist. The Resolution will then become operative on its own strength on expiry of six months. Such an interpretation of Sub-rule (3) of Rule 36 fully finds support from a decision of the Supreme Court in The Balasinor Nagrik Cooperative Bank Ltd. v. Babubhai Shanker Lal Pandya and Others, , in which similar rule for expulsion of a member of a Co-operative Society was under consideration. The Supreme Court held that approval or disapproval of a resolution by the Registrar has to be within the statutory period from the date of submission of resolution for approval whereafter Registrar becomes functus officio and has no jurisdiction to reject the resolution. The judgment reads : "After the Society communicates a resolution for the expulsion of a member for acts detrimental to the. working of the Society passed in the manner required by Sub-section (1) of Section 36 to the Registrar for his approval under the first proviso, there is a duty cast on the Registrar to exercise his power of according approval or disapproval within a period of three months from the date of such submission, as provides by the second proviso. According to its plain terms, the second proviso places a limitation on the powers of the Registrar. It appears to us that the obvious intention of the Legislature was that once the period of three months stipulated expires, the Registrar becomes functus officio and his power to accord approval or disapproval to the resolution passed by the Society for expulsion of a member under Sub-section (1) of Section 36 of the Act lapses."
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