Bombay High Court
Chandori Vividh Karyakari Sahakari ... vs Shri. Arun Eknath Gadakh And Ors on 7 May, 2025
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
2025:BHC-AS:22179
904-wp-3921-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3919 OF 2023
Mulmukai Vividh Karyakari Sahakari
Sanstha Maryadit & Anr. ...Petitioners
Versus
Bharat Khanderao Jagtap & Ors ..Respondents
WITH
INTERIM APPLICATION NO.1342 OF 2024
Gokul Babanrao Gite & Anr. ... Applicants-
Interveners
WITH
WRIT PETITION NO.3921 OF 2023
Chandori Vividh Karyakari Sahakari Seva
Sanstha Maryadit & Anr ...Petitioners
Versus
Arun Eknath Gadakh & Ors ..Respondents
WITH
WRIT PETITION NO.3923 OF 2023
Chatrapati Shivaji Maharaj Vividh
Karyakari ...Petitioners
Sahakari Seva Sanstha Maryadit & Anr
Versus
Shahaji Harishchandra Rajole & Ors ..Respondents
WITH
WRIT PETITION NO.3924 OF 2023
Late Shankarrao Shinde Vividh Karyakari
Sahakari Seva Sanstha Maryadit & Anr ...Petitioners
Sudam Karbhari Kale & Ors ..Respondents
WITH
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WRIT PETITION NO.3925 OF 2023
Saptashrungi Vividh Karyakari Sahakari
Seva Sanstha Maryadit & Anr ...Petitioners
Versus
Bharat Trimbak Sonavane & Ors ..Respondents
WITH
WRIT PETITION NO.3926 OF 2023
Saptashrungi Mahila Vividh Karyakari
Sahakari Seva Sanstha Maryadit & Anr ...Petitioners
Versus
Mohan Shivaji Bankar & Ors ..Respondents
WITH
WRIT PETITION NO.3931 OF 2023
Priyanka Chandan Khode & Ors ...Petitioners
Versus
Honorable Minister for State, Co-operation ..Respondents
& Ors
WITH
WRIT PETITION NO.3932 OF 2023
Nandu Yashwant Sangle & Ors ...Petitioners
Versus
Honorable Minister for State, Co-operation ..Respondents
& Ors
WITH
WRIT PETITION NO.3934 OF 2023
Dagu Laxman Jagtap & Ors ...Petitioners
Versus
Honorable Minister for State, Co-operation ...Respondents
& Ors
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WITH
WRIT PETITION NO.3936 OF 2023
Miss. Kalavati Vasant Jadhav & Ors ...Petitioners
Versus
Honorable Minister for State, Co-operation ...Respondents
& Ors
.....
Mr. Sugandh Deshmukh a/w Mr. Aniket Kanawade for the petitioner in
WP Nos.3931/2023, 3932/2023, 3934/2023 & 3936/2023.
Mr. P.N.Joshi a/w Mr.Pratik Rahade for the petitioner in WP
Nos.3919/2023, 3921/2023, 3923/2023, 3924/2023, 3925/2023 &
3926/2023.
Mr. Nitin Gaware Patil for the respondent no.2,6 & 7 in WP/3919/2023.
Mr. Vaibhav Thorave for the respondent no.14, 18, 19, 23, 25, 27 to 32,
34 to 44, 46, 47, 52 to 70, 74, 76 to 80, 82 to 85, 89, 96 to 99 & 101 in
WP/3919/2023.
Mr. Irvin D'souza for the respondent no.11 in WP/3919/2023 & for the
resondent no.7 in WP/3926/2023.
Mr. N.C.Walimbe, Addl.GP a/w Mrs. D.S.Deshmukh, AGP for the
respondent-State in WP/3919/2023.
Mr. S.P.Kamble, AGP for the respondent-State in WP/3925/2023.
Mrs. Reeena A Salunkhe, AGP for the respondent-State in
WP/3921/2023.
Mrs. Ashwini A.Purav, AGP for the respondent-State in WP/3926/2023.
Mr. P.G.Sawant, AGP for the respondent-State in WP/3924/2023.
Mr. S.B.Kalel, AGP for the respondent-State in WP/3923/2023.
Mr. N.C.Walimbe, Addl.GP a/w Mr.S.P.Kamble, AGP for the respondent-
State in WP Nos.3931/2023, 3932/2023, 3934/2023 & 3936/2023.
Mr.Kantilal D.Gaikwad, Assistant Registrar, Co-operative Society,
Niphad, Dist.Nashik present in Court.
.....
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CORAM : A. S. CHANDURKAR &
DR. NEELA GOKHALE, JJ.
DATE : 7th MAY 2025.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1 Rule. Rule made returnable forthwith and heard the learned counsel for the parties.
2 The challenge raised in these Writ Petitions is to the order dated 21st March 2023 passed by the Hon'ble Minister of Co- operation under Section 152 of the Maharashtra Co-operative Societies Act, 1960 (for short, 'said Act'). By the said order, the Appeals preferred by the Respondent Nos.3 to 10 were allowed and the order dated 23rd December 2022 passed by the Divisional Joint Registrar under Section 21-A of the said Act came to be set aside. The Divisional Joint Registrar had rejected the application seeking de-registration of the existing Societies. 3 The principal grievance raised by the learned counsel for the Petitioners is that in the aforesaid Appeals, the present Petitioners and other members of the Co-operative Society were arrayed as Respondents. However, without serving any notice to them, the Appeals were allowed and the order dated 23rd December 2022 Shivgan 4/7 ::: Uploaded on - 23/05/2025 ::: Downloaded on - 24/05/2025 04:03:22 ::: 904-wp-3921-2023.doc that was operating in their favour came to be set aside. Referring to the provisions of Section 21A of the said Act, it is submitted that for the purposes of de-registration of a co-operative society, an opportunity of being heard has to be granted to the Chief Promoter, Managing Committee and the members of the Society. As the Petitioners who were members of the Society were not put to notice in the Appeals, the impugned order was liable to be set aside.
4. Time was granted to the learned Additional Government Pleader to obtain necessary instructions by an order dated 5 th May 2025. Today, the learned Additional Government Pleader, on instructions, submits that the Department of Co-operation, Mantralaya, Mumbai had directed the local authorities under the said Act to serve such notices on members of the Society. The Assistant Registrar, Co-operative Societies, Niphad, District:
Nashik has accordingly furnished instructions to the learned Additional Government Pleader stating that such notices were issued only to the Promoters of the societies and their Chairman.
The communication dated 7th May 2025 containing such instructions is taken on record and marked 'A' for Identification.
5. It thus becomes clear that before the impugned order dated Shivgan 5/7 ::: Uploaded on - 23/05/2025 ::: Downloaded on - 24/05/2025 04:03:22 ::: 904-wp-3921-2023.doc 21st March 2023 was passed in the Appeals, the Petitioners were not heard. The order passed in their favour by the Divisional Joint Registrar was set aside in appeal without hearing them. On this count, the impugned order suffers from breach of principles of natural justice and hence, is unsustainable. It would therefore, be necessary to set aside the impugned order and remand the proceedings for fresh consideration in accordance with law.
6. For the aforesaid reasons, the following order is passed:
(i) The order dated 21st March 2023 passed by the Hon'ble Minister of Co-operation under Section 152 of the said Act in each writ petition is set aside.
(ii) The proceedings are remanded to the State Government for fresh consideration to be decided in accordance with law.
(iii) Though the impugned orders passed in the respective appeals are dated 21st March 2023, considering the passage of time, the position as prevailing today shall be maintained till the Appeals are decided afresh by the Hon'ble Minister.
The parties would be governed by final
adjudication of the appeals.
(iv) The appeals be decided expeditiously and
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preferably within a period of three months from the date of receiving a copy of this order.
(v) It is clarified that contentions of all the parties are kept open.
7. Rule is made absolute in aforesaid terms with no order as to costs. Pending Interim Application is also disposed of. (DR. NEELA GOKHALE, J.) (A. S. CHANDURKAR, J.) Digitally signed by SHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date:
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