Bankruptcy Act, 1993("RDB Act")and
the Cooperative Courts under the Maharashtra Cooperative
Societies Act, 1960 (" MCS Act ") are barred from ... Section
2(d) read with Section 2(e) of the RDB Act, the bar under Section
18 cannot automatically apply to proceedings under Section 91
process and thereafter initiate an
election dispute under Section 91 of the MCS Act, which is a time-
consuming and cumbersome remedy ... certificate under Section 101
or an award under Section 91 of the MCS Act, a candidate cannot
be disqualified merely on the basis
MCS Act.
He submitted that while determining jurisdiction, the Court must
examine whether the parties fall within the categories mentioned
in Section 91 ... Administrator. His rights depend wholly
on the society's acts. Hence, Section 91 squarely applies. The
Cooperative Court therefore has jurisdiction to decide
MCS Act.
He submitted that while determining jurisdiction, the Court must
examine whether the parties fall within the categories mentioned
in Section 91 ... Administrator. His rights depend wholly
on the society's acts. Hence, Section 91 squarely applies. The
Cooperative Court therefore has jurisdiction to decide
MCS Act.
He submitted that while determining jurisdiction, the Court must
examine whether the parties fall within the categories mentioned
in Section 91 ... Administrator. His rights depend wholly
on the society's acts. Hence, Section 91 squarely applies. The
Cooperative Court therefore has jurisdiction to decide
relation to the scope of power under Section 101
of the MCS Act vis-a-vis Section 91 of the MCS Act is well ... MCS Act by a member or
a person claiming through member. In absence of challenge to
such resolution under Section 91 , the member
submission, I have carefully
perused Section 91 of the MCS Act. Section 91 contemplates that
both parties to the dispute must fall within ... other
categories enumerated in clauses (a) to (e) of sub-section (1) of
Section 91 . The petitioner falls within the category
examine such issue is the Cooperative Court under
Section 91 of the MCS Act. That forum alone has jurisdiction to
decide election disputes relating ... appropriate
election proceedings before the Cooperative Court under Section
91 of the MCS Act. With this clarification, the writ petition is
disposed
Court under
section 91 of Maharashtra Co-operative Societies Act, 1960 (MCS
Act ).
1
::: Uploaded on - 03/10/2025 ::: Downloaded on - 04/10/2025 ... petitioner open to
be agitated in a dispute under section 91 of MCS Act.
3. Accordingly, the present petition is disposed of.
(AMIT BORKAR
Harish Arora And Ors vs The Deputy Registrar Of Co Operative Soc ... on 9 June
