Bombay High Court
Gadhi Agril.Horticultural & ... vs Shrinath Horticulture Society ... on 12 January, 2018
Bench: V.K. Jadhav
1 WP 4476.1995.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4476 OF 1995
...
1. Gadhi Agriculture Horticulture
and purchase and sale Cooperative
Society Ltd., Gadhi, Through it's
Chairman.
2. Sirasdevi Agriculture Horticulture
and Sale and Purchase Cooperative
Society Ltd., Sirasdevi,
Through its Chairman.
3. Savaleshwar Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd., Sawaleshwar,
Through it's Chairman.
4. Talwadi Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd., Telwada,
Through its Chairman.
5. Lukamasala Agriculture Horticulture
and Sale and Purchase Cooperative
Society Ltd. through its Chairman.
6. Dhondrai Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Dhondrai through its
Chairman.
7. Malegaon Agriculture Horticulture
and Sale and Purchase Cooperative
Society Ltd. Malegaon Kd. Through
its Chairman.
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2 WP 4476.1995.odt
8. Bagpimpalgaon Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Bag-Pimpalgaon through
its Chairman.
9. Wadgaon Dhok Agriculture Horticulture
Sale and Purchase cooperative
Society Ltd. Wadgaon-Dhok,
through its Chairman.
10. Agaranandur Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Agarnandur, through
its Chief Promoter/Chairman.
11. Raheri Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Raheri, through
its Chairman.
12. Malegaon (Bdk) Agriculture
Horticulture and Sale and
Purchase Cooperative Society Ltd.
(Malegaon khd) through its Chairman.
13. Khalegaon Agriculture Horticulture
and Sale and Purchase Cooperative
Society Ltd. Khalegaon, through
its Chairman.
14. Daithana Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Daithan, through
its Chairman.
15. Sailu Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Sailu, through its
Chairman.
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3 WP 4476.1995.odt
16. Rakashashbhavan Agriculture
Horticulture Sale and Purchase
Cooperative Society Ltd.
Rakashasbhavan, through its
Chairman.
17. Chaklamba Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Chaklamba, through
its Chairman.
18. Khandavi Agriculture Horticulture
Sale and Purchase Society Ltd.
Khandvi through its Chairman.
19. Ranmala Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Ranmala through its
Chairman.
20. Madalmohi Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Madalmohi, through
its Chairman.
21. Hirapur Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Hirapur, through
its Chirman.
22. Khamgaon Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Khamgaon, through
its Chairman.
23. Padalsingi Agriculture Horticulture
Sale and Purchase Cooperative
Society Ltd. Padalsingi,
through its Chairman. ...Petitioner....
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4 WP 4476.1995.odt
VERSUS
1. Shrinath (Falotpadan)
Horticulture and Fruit Production
Cooperative Society Ltd.,
Malegaon (Khd. Through its
Chief Promotor Shri Bhagwan
Namdeo Kharat.)
2. Shri. Mahatma Phule Horticulture
and Fruit Production Cooperative
Society Ltd. Tandala, through
it's Chief Promoter Shri. Pralhad
Sahebrao Patil
3. Shri. Dhireshwar Horticulture
and Fruit Production Cooperative
Society Ltd. Guntegaon through
its Chief Promoter Shri Nivratti
Gangaram Gorade.
4. Shetkari Agriculture Horticulture
Cooperative Society Ltd.
Gulaj, through its Chief Promoter
Shri Nakul Shrihari Gaware.
5. Someshwar Agriculture Horticulture
Cooperative Society Ltd.
Sawaleshwar, through its Chief
Promoter, Advocate Shri Babarao Ude.
6. Laxmi Horticulture and Fruit
Bagayat Sahakari Society Ltd.
Talwat Borgaon, through its
Chief Promoter Shri Dinkar Ambadas
Gholap.
7. Ukadeshwar Agriculture Horticulture
Cooperative Society Ltd.
Ukkadpimpri, through it's
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5 WP 4476.1995.odt
Chief Promoter, Chhaburao Vithalrao
Sanap.
8. Jaibhavani Agriculture
Horticulture and Fruit Production
Cooperative Society Ltd.
Daithana, through its Chief
Promoter, Shri Sambhaji
Appasaheb Pandit.
9. Agriculture Horticulture
Fruit Bagayat Cooperative
Society Ltd. Shekta, through its
Chief Promoter Shri Bhagwat
Baburao Mahanor.
10. The Assistant Registrar,
Cooperative Societies,
Georai,
All: Taluka Georai,
District Beed.
11. The Beed District Central
Cooperative Bank Ltd. Beed,
Dist. Beed, through its
Manager.
12. The Maharashtra State
Cooperative Marketing
Federation Ltd. Bombay through
its Managing Director.
13. The Divisional Joint Registrar,
Co-operative Societies,
Aurangabad, Division Aurangabad. Respondents.
...
Advocate for Petitioner : Shri N.B Khandare.
AGP for Respondents: Mr A V Deshmukh
Advocate for Respondents 1-9 : Mr R T Nagargoje
...
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6 WP 4476.1995.odt
...
CORAM : V.K. JADHAV, J.
Dated: January 12, 2018
...
ORAL JUDGMENT :-
1. By this writ petition, the petitioners are
challenging the order passed by the Divisional Joint
Registrar, Cooperative Societies, Aurangabad dated
25.11.1994 in appeal Nos.210/1990 to 218/1995.
2. Brief facts, giving rise to the present writ petition
are as under :-
a] The petitioners are the registered Cooperative
Societies and registration was granted by the Assistant
Registrar Cooperative Societies, Georai under section 9
of the Maharashtra Cooperative Societies Act. After
grant of registration, registration certificates also came
to be issued in favour of the petitioner societies and as
such, they are the cooperative societies within the
meaning of the provisions of the Maharashtra
Cooperative Societies Act, 1960 (hereinafter referred to
as the Act of 1960 for short).
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7 WP 4476.1995.odt
3. Respondents no. 1 to 9 are the cooperative
societies whose proposals for registration was pending
at the time before the Assistant Registrar Cooperative
Societies Georai. Respondent nos. 1 to 9 had filed the
appeals as mentioned under section 152 of the Act of
1960 against the order of registration of the societies
passed in favour of the petitioners by respondent no.1.
They have challenged the registration certificates dated
30.6.1990 issued in favour of the petitioners as
Agriculture Horticulture and Purchase and Sale
Cooperative Society, Ltd., It has been contended that
some of the respondents had filed registration proposals
for their societies on 20.6.1990, some of them filed
proposal on 30.6.1990 etc., however, present petitioners
have filed their proposals on 26.6.1990. All the
proposals were scrutinized on the same date and even
the permission for opening of the bank account was
given on the same date. It has been also contended that
all proposals were registered within four days i.e.
30.6.1990. Even registration fees was not paid as per
rules or credited with the registration proposals. The
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learned Divisional Joint Registrar Cooperative Societies
Aurangabad after giving an opportunity of being heard
to petitioners and respondents, allowed the said appeals
and quashed and set aside the order dated 30.6.1990
regarding registration of the petitioners/Societies passed
by respondent no.1 and registration was cancelled.
Hence, this writ petition.
4. Learned counsel for the petitioners submits that,
appeal itself is not maintainable under Section 152 of
the Act of 1960. Learned counsel submits that,
respondents/societies can ask for registration of their
societies but they cannot ask for cancellation of the
societies which are already registered. Learned counsel
submits that, section 4 of the Act of 1960 provides as to
which societies being registered and further section six
prescribes conditions of such registration. In terms of
the provisions of section 9 if the Registrar is satisfied
that the proposed society has complied with the
provisions of the Act and the Rules, he shall within two
months from the date of the receipt of the application
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9 WP 4476.1995.odt
register the society and its by-laws. Learned counsel
submits that, as conditions prescribed under section 6
of the Act of 1960 are required to be fulfilled and in
case, if, those conditions are not fulfilled, then only
registration can be refused in terms of the provisions of
section 9 of the Act of 1960. Learned counsel submits
that, there are no restrictions to register the number of
the societies on a particular date and if the conditions
are complied with as discussed above, registrar is bound
to issue registration certificate within two months.
Learned counsel submits that, respondents/societies
have preferred the aforesaid appeals only on the ground
that their proposals seeking registration are kept
pending and the proposals of the petitioners/societies
are accepted and accordingly registration process has
been completed. Learned counsel submits that, even
the appellate authority without considering the
maintainability of the appeal and without assigning any
reason allowed the appeals and cancelled the
registration. Learned counsel submits that, under the
interim orders passed by this Court, the petitioner
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10 WP 4476.1995.odt
societies are functioning from the date of their
registration continuously without any interruption.
5. Learned counsel for respondents submits that, in
anticipating the ensuing elections, the petitioner
societies came to be formulated in haste and accordingly
the proposals were submitted to the Registrar for
registration. Learned counsel submits that, accordingly
though proposals were submitted on 26.6.1990 all the
proposals were scrutinized on the same date and even
permission of opening the bank account was also given
on the same date. Even, the proposals were submitted
on 26.6.1990, the same were registered within four days
therefrom. Learned counsel submits that, even one
circular came to be issued by the Director Marketing,
M.S.Pune, dated 24.2.1998 wherein instructions were
issued to the Departmental officers not to register any
Fruit and Vegetable Sale and Purchase Society
(Marketing Society) till the finalization of the registration
Norms by the Director of Marketing, M.S. Pune. The
Director of Marketing, Maharashtra State Pune by
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11 WP 4476.1995.odt
another circular dated 10.9.1990 same instructions were
reiterated. Inspite of these instructions from the
Director Marketing, the Assistant Registrar Tq. Georai,
District Beed has registered the petitioners/society
under the pressure of local M.LA. The appellate
authority i.e. Divisional Joint Registrar Aurangabad has,
therefore, rightly interfered into the matter and allowed
the appeal. No interference is required.
6. In terms of the provisions of section 4 of the Act of
1960, a Society, which has as its objects the promotion
of the economic interests or general welfare of its
members, or of the public, in accordance with
cooperative principles, or a society established with the
object of facilitating the operations of any such society,
may be registered under this Act. However, in terms of
the proviso to sub section (4) no society shall be
registered if it is likely to be economically unsound, or
the registration of which may have an adverse effect on
the development of the cooperative movement, or the
registration of which may be contrary to the policy
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12 WP 4476.1995.odt
directives which the State Government may, from time
to time, issue. Further, no appeal can be preferred
under the provisions of section 152 of the Act of 1960 if
the registration has been granted and only appeal can
be preferred in case, if other societies in the same field
has been adversely affected. In the instant case, even
the appeal as it preferred before the Divisional joint
Registrar, Co-operative Societies, Aurangabad are not
maintainable.
7. It further appears that, the respondents/Societies
have preferred those appeals only on the ground that
registration has been granted to the
petitioners/societies under political pressure, without
following due procedure. It further appears from the
impugned order that, the Divisional joint Registrar has
observed that registration as given to the petitioners
agriculture horticulture and Purchase and Sale
Cooperative Society, Ltd. is without completing the
formalities with some malafide intention. The Divisional
Joint Registrar has failed to pinpoint those formalities to
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13 WP 4476.1995.odt
be completed and even there is no discussion as to
what was the malafide intention on the part of the
petitioner/societies for submitting their proposal for
registration of the society. Even, the Divisional Joint
Registrar Cooperative Societies, Aurangabad has not
discussed the circulars as referred by the counsel
appearing for the respondents.
8. It further appears that under interim relief granted
by this Court dated 28.2.1996, the petitioner-societies
are functioning since then. There is no point in
disturbing this position since there is nothing on record
to point out the non-compliance of the procedural
formalities. In terms of the provisions of Section 4 and
Section 6, the Registrar has considered the proposals
submitted by the petitioners-societies and accordingly
granted the registration. In view of the above
discussion, I proceed to pass the following order.
O R D E R
1. Writ Petition is hereby allowed in terms of
prayer clause 'B'. No costs.
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14 WP 4476.1995.odt
2. Rule is made absolute in above terms.
3. Writ Petition accordingly disposed of.
( V.K. JADHAV, J. )
...
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