Bombay High Court
Shrirangrao Pandharinath Thube ... vs Deputy Registrar Co.Op. ... on 26 April, 2016
Bench: R.M. Savant
Jud-907-wp-2522-2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2522 OF 2016
1. Shrirangrao Pandharinath Thube ]
R/At 6 Bhat Bungalow, Shivaji Nagar, ]
Pune-411 005. ]
2. Vishnu Kashinath Devmare ]
R/at S.No.52/2 B, Parashar Society, ]
Chandannagar, Pune-411 014. ]
3. Vishwas Khandu Shete ig ]
R/at S.No.52/2 B, Parashar Society, ]
Chandannagar, Pune-411 014. ]
4. Bapurao Laxman Salke ]
R/at S.No.52/2 B, Parashar Society, ]
Chandannagar, Pune-411 014. ]
5. Kashinath Jayantrao Valse ]
R/at Kalwad Vasti, Lohgaon Road, ]
Pune-411 032. ]
6. Sou. Vaishali Balasaheb Kochale ]
R/at 5th Maill, Vadgaon, Sheri, ]
Pune-411 014. ]
7. Sou.Lata Ramchandra Devare ]
R/at B.T. Kawade Road, ]
Ghorpadi, Pune. ]
8. Dr.Girsih Dattatraya Thube ]
R/at Bawdhan Pune. ]..Petitioners
V/s.
1. Deputy Registrar Co-operative Societies ]
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Pune City (5), Sakhar Sankul, ]
Shivajinagar, Pune-411 005 ]
2. The Divisional Joint Registrar ]
Pune City (5), Sakhar Sankul, Shivajinagar ]
Pune-411 005. ]
3. Parashar Sahakari Griha Rachana ]
Sanstha Mrydt.6, Bhat Bungalow, ]
Shivajinagar, Pune-411 005. ]
4. The Administrator (Mr.Sayyad) ]
C/o.Deputy Registrar Co-operative ]
Societies Pune City(5), Sakhar Sankul ]
Shivajinagar, Pune-411 005
ig ]
5. Shri.Dnyaneshwar Kerba Pathare ]
6. Shri.Prashant Rambhau Pathare ]
7. Shri.Vasant Kisanrao Pathare ]
All R/at S.No.43, Pathare Mala, ]
Pune Nagar Road, Chandannagar ]
Pune-411 014. ]
8. The Hon. Minister for Co-operation ]
Mantralaya, Mumbai-400 032 ]
9. The State of Maharashtra ]
Through Govt. Pleader ]
High Court, A.S. Mumbai. ]..Respondents
WITH
WRIT PETITION NO.3170 OF 2016
1. Shrirangrao Pandharinath Thube ]
R/At 6 Bhat Bungalow, Shivaji Nagar, ]
Pune-411 005. ]
2. Vishnu Kashinath Devmare ]
R/at S.No.52/2 B, Parashar Society, ]
Chandannagar, Pune-411 014. ]
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3. Vishwas Khandu Shete ]
R/at S.No.52/2 B, Parashar Society, ]
Chandannagar, Pune-411 014. ]
4. Bapurao Laxman Salke ]
R/at S.No.52/2 B, Parashar Society, ]
Chandannagar, Pune-411 014. ]
5. Kashinath Jayantrao Valse ]
R/at Kalwad Vasti, Lohgaon Road, ]
Pune-411 032. ]
6. Sou. Vaishali Balasaheb Kochale ]
R/at 5th Maill, Vadgaon, Sheri, ]
Pune-411 014. ig ]
7. Sou.Lata Ramchandra Devare ]
R/at B.T. Kawade Road, ]
Ghorpadi, Pune. ]
8. Dr.Girsih Dattatraya Thube ]
R/at Bawdhan Pune. ]..Petitioners
V/s.
1. Deputy Registrar Co-operative Societies ]
Pune City (5), Sakhar Sankul, ]
Shivajinagar, Pune-411 005 ]
2. The Divisional Joint Registrar ]
Pune City (5), Sakhar Sankul, Shivajinagar ]
Pune-411 005. ]
3. Parashar Sahakari Griha Rachana ]
Sanstha Mrydt.6, Bhat Bungalow, ]
Shivajinagar, Pune-411 005. ]
4. The Administrator (Mr.Sayyad) ]
C/o.Deputy Registrar Co-operative ]
Societies Pune City(5), Sakhar Sankul ]
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Shivajinagar, Pune-411 005 ]
5. Chandrashaikh Keshav Pingle ]
R/at Flat No.3, Survey No.43, ]
Parashwar CHS Ltd., Pune Nagar Road, ]
Khedwadi, Pune-411 014. ]
6. Laxmikant Gajanan Shinde ]
R/at Flat No.65 & 66, Survey No.43, ]
Parashwar CHS Ltd., Pune Nagar Road, ]
Khedwadi, Pune-411 014. ]
7. The Hon. Minister for Co-operation ]
Mantralaya, Mumbai-400 032 ]
Through Govt. Pleader
8. The State of Maharashtra ]
]
High Court, A.S. Mumbai. ]..Respondents
WITH
CIVIL APPLICATION NO.617 OF 2016
IN
WRIT PETITION NO.2522 OF 2016
1. Chandrashekhar Keshav Pingale ]
R/at Plot No.3, S.No.43, Parshar Co-op. ]
Hsg.Soc. Ltd., Pune Nagar Road, ]
Khardi, Pune-411 014. ]
2. Laxmikant Gajanand Shinde ]
R/at Plot No.65-66, S.No.43, Parshar Co-Op. ]
Hsg. Soc. Ltd., Pune Nagar Road, ]..Applicants
Kharadi, Pune-411 014. ](Intervenors)
IN THE MATTER BETWEEN
1. Shrirangrao Pandharinath Thube ]..Petitioners
R/At 6 Bhat Bungalow, Shivaji Nagar, ]
Pune-411 005. ]
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2. Vishnu Kashinath Devmare ]
R/at S.No.52/2 B, Parashar Society, ]
Chandannagar, Pune-411 014. ]
3. Vishwas Khandu Shete ]
R/at S.No.52/2 B, Parashar Society, ]
Chandannagar, Pune-411 014. ]
4. Bapurao Laxman Salke ]
R/at S.No.52/2 B, Parashar Society, ]
Chandannagar, Pune-411 014. ]
5. Kashinath Jayantrao Valse ]
R/at Kalwad Vasti, Lohgaon Road, ]
Pune-411 032. ig ]
6. Sou. Vaishali Balasaheb Kochale ]
R/at 5th Maill, Vadgaon, Sheri, ]
Pune-411 014. ]
7. Sou.Lata Ramchandra Devare ]
R/at B.T. Kawade Road, ]
Ghorpadi, Pune. ]
8. Dr.Girsih Dattatraya Thube ]
R/at Bawdhan Pune. ]..Petitioners
V/s.
1. Deputy Registrar Co-operative Societies ]
Pune City (5), Sakhar Sankul, ]
Shivajinagar, Pune-411 005 ]
2. The Divisional Joint Registrar ]
Pune City (5), Sakhar Sankul, Shivajinagar ]
Pune-411 005. ]
3. Parashar Sahakari Griha Rachana ]
Sanstha Mrydt.6, Bhat Bungalow, ]
Shivajinagar, Pune-411 005. ]
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4. The Administrator (Mr.Sayyad) ]
C/o.Deputy Registrar Co-operative ]
Societies Pune City(5), Sakhar Sankul ]
Shivajinagar, Pune-411 005 ]
5. Shri.Dnyaneshwar Kebra Pathare ]
6. Shri.Prashant Rambhau Pathare ]
7. Shri.Vasant Kisanrao Pathare ]
All R/at S.No.43, Pathare Mala, ]
Pune Nagar Road, Chandannagar, ]
Pune-411 014. ]
8. The Hon. Minister for Co-operation ]
Mantralaya, Mumbai-400 032 ]
Through Govt. Pleader
9. The State of Maharashtra ]
]
High Court, A.S. Mumbai. ]..Respondents
----
Mr.A.S. Desai a/w Mr. R.S. Ghatge a/w Mr.Amar Parsekar
for Petitioners in both Petitions.
Mr.M.S. Bane 'B' Panel for Respondent Nos.1 & 2.
Mr.P.D. Dalvi for Respondent Nos.5 & 6 in Writ Petition
No.3170 of 2016.
----
CORAM : R.M. SAVANT, J.
DATE : 26th APRIL, 2016.
ORAL JUDGMENT :
1. At the outset the learned counsel for the petitioner
Shri.Desai seeks deletion of Respondent Nos.3,4,5 and 6 in Writ
Petition No.2522 of 2016 and deletion of Respondent Nos.5
and 6 in Writ Petition No.3170 of 2016. The said respondents
are accordingly deleted from the above petitions at the risk of
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the petitioners. Amendment to be carried out in the course of
the day.
2. Rule, in both the petitions, having regard to the
nature of the challenge raised made returnable forthwith and
heard.
3. The Writ jurisdiction of this Court is invoked against
the order dated 18-02-2016 passed by the Hon'ble Minister
Cooperation, Marketing and Textiles Government of
Maharashtra by which order the Appeals in question being
Appeal No.504 of 2015 and 505 of 2015 came to be allowed
and resultantly the order dated 08-05-2015 passed by the
Divisional Joint Registrar allowing the Appeals filed by the
petitioners came to be set aside and the order dated 03-04-
2014 passed by the Deputy Registrar of Co-operative Societies,
Pune under Section 77-A of the Maharashtra Co-operative
Societies Act, came to be confirmed.
4. It is not necessary to burden this order with
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unnecessary details. Suffice it would be to state that the
Respondent No.7 in the above Writ Petition No.2522 of 2016
had made a complaint to the Deputy Registrar of Co-operative
Societies, Pune that the society represented by the petitioners
i.e. one Parashar Sahakari Grah Rachna Sanstha Maryadit is not
furnishing him with the details that he had sought and that
though repeated reminders were sent to the said society, the
information was not provided by the said society. Upon receipt
of the said complaint a notice dated 04-03-2014 came to be
issued to Shri.S.P. Thube the Chairman of the said Society by
the Deputy Registrar. The said notice under Section 89-A of the
said Act calling upon the society to produce its record. The
Chairman vide his letter dated 06-02-2014 informed the
Deputy Registrar that the Society's record is under completion
and therefore sought two months time to complete the same.
After the receipt of the said reply it seems that the hearing was
fixed on two occasions, on which occasion the said society did
not remain present and the Deputy Registrar ultimately by his
order dated 03-04-2014, on the ground that the society has not
produced the record inspite of being called for, invoked powers
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under Section 77-A of the said Act superseded the Managing
Committees and appointed one Shri.Arun Sayed certified
Auditor as an Administrator of the said society.
5. Aggrieved by the said order dated 03-04-2014
passed by the Deputy Registrar Co-operative Societies, Pune the
petitioners took exception to the same by filing an Appeal
before the Divisional Joint Registrar under Section 152 of the
said Act. The Divisional Joint Registrar on the ground that in
respect of the invocation of powers under Section 77-A notice
was not issued to the petitioners as well as on the ground that
the petitioners were not heard, set aside the order dated 03-04-
2014 passed by the Deputy Registrar by his order dated 08-05-
2015. The respondents which included the respondent No.7 in
the above Writ Petition No.2522/2015 filed a Revision before
the State Government. The said Revision was heard by the
Hon'ble Minister Cooperation Marketing and Textiles,
Government of Maharashtra. Though the order was challenged
by the respondent no.7 by way of a Revision the Hon'ble
Minister, it seems treated the same as an appeal and proceeded
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to hear the same. The Hon'ble Minister on the ground that,
when called upon to produce the record the society had asked
for two months time and in spite of the two months period
having been over the record has not been produced, came to a
conclusion that the society was not functioning properly and in
view thereof powers under Section 77-A(B)(1) were required to
be exercised and an authorized officer was required to be
appointed on the society. The Hon'ble Minister also observed
that there was no merit in the contentions urged on behalf of
the society and its office bearers that they were not heard
prior to the Deputy Registrar passing the said order dated
03-04-2014. The Hon'ble Minister referred to the notices
issued and observed that once the notices were issued, then it
was the duty of the office bearers to keep themselves informed
as regards the development in the proceedings. As indicated
above it is by the impugned order dated 18-02-2016 the
Revision which was treated as an Appeal came to be allowed by
the Hon'ble Minister and the order dated 08-09-2015 came to
be set aside by the Revisional Authority. The principal
contention urged on behalf of the petitioners in the above
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petition is that for invocation of the powers under section 77-A
a particular procedure has to be followed in the matter of
issuing the notices as also publishing the notice on the notice
board of the society. It was the submission of the learned
counsel that in the instant case the Deputy Registrar as well as
the Hon'ble Minister have erred in relying upon the notice
dated 04-03-2014 which was in respect of the proceeding
under Section 89-A and not under Section 77-A of the said Act.
It was therefore, the submission of the learned counsel
Shri.Desai that the order passed by the Hon'ble Minister dated
18-02-2016 is vitiated on the said ground.
6. Per contra the learned AGP as well as the learned
counsel Shri.P.D. Dalvi appearing for respondent Nos.4,5, and 6
in the companion petition sought to justify the order passed by
the Hon'ble Minister but not with any deal of conviction.
7. Having heard the learned counsel for the parties I
have considered the rival contentions. The issue that arises for
consideration is as to whether an order under Section 77-A
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superseding the Managing Committee and appointing an
authorized officer could have been passed by the Deputy
Registrar i.e. by the Respondent No.1 in both these petitions. It
is required to be noted that the proceedings were triggered of
on account of the complaint made by the Respondent No.7 in
Writ Petition No.2522 of 2016. In so far as the respondent
Nos.4 to 6 in the companion Writ Petition No.3170 of 2016 are
concerned they have complained after the proceedings were
initiated under Section 89-A, for action to be taken under
Section 77-A. In so far as the action to be taken under Section
77-A is concerned the same is circumscribed by the procedure
mentioned in the said provision. The said procedure
contemplates that before making an order under Section 77-A
the Registrar shall publish a notice on the notice board, head
office of the Society inviting objections and suggestions with
respect to the proposed order within the time specified in the
notice and after considering all objections and suggestions
received by him pass an order. The doing away with issuance
of notice is also contemplated, but the same has to be in special
circumstances mentioned in the second proviso to the said
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provision. It is not the case of the respondents in the instant
case that the cause for invocation of the second proviso had
arisen in the instant matter. As indicated above the
proceedings under Section 89-A were commenced with
issuance of the notice dated 04-03-2014. The authorities have
proceeded to invoke powers under Section 77-A on the ground
that the record as directed by the authorities was not produced
before the Deputy Registrar. If that be so then it was necessary
for the Deputy Registrar to issue a notice under Section 77-A in
the manner postulated in the said provision. However, both the
Deputy Registrar as well as the Hon'ble Minister have fallen
into an error in relying upon the notices issued under Section
89-A for the purposes of passing an order under Section 77-A.
The Hon'ble Minister has also fallen into an error by treating
the Revision filed by the respondent nos.4,5,6 and 7 as an
appeal, when no second appeal would lie in terms of the
scheme of the said Act. In my view therefore the impugned
order dated 11-02-2016 passed by the Hon'ble Minister as also
the order passed by the Deputy Registrar Co-operative
Societies, Pune is required to be quashed and set aside and is
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accordingly, quashed and set aside. In view thereof the order
passed by the Divisional Joint Registrar does not survive.
8. It would be open for the authorities to proceed
against the petitioner if they so deem it appropriate in
accordance with law. The petitions are allowed to the aforesaid
extent. Rule is accordingly, made absolute in the aforesaid
terms with parties to bear their costs of the petition.
9. In view of the disposal of the Writ Petition, Civil
Application No.617 of 2016 for impleadment does not survive
and to accordingly stand disposed of as such. However, the
applicants are at liberty to move the appropriate authority if
the occasion arises and the disposal of the Civil Application by
this Court in the circumstances mentioned above would not
come in their way.
(R.M. SAVANT, J.)
N.S. Kamble page 14 of 14
