Dnyaneshwar Manohar Tohare vs Akola Z. P. Prathamik Shikshan ...
2022 Latest Caselaw 11071 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 5915 OF 2022
                     ( Dnyaneshwar Manohar Tohare
                                   Vs.
   Akola Zilla Parishad Prathamik Shikshan Sahakari Pat Sanstha Ltd., &
                                  Anr. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. H.S. Chawhan & Mr. P.K. Mohta, Advocate for the Petitioner.
                                  Mr. A.M. Ghare, Advocate for the Respondents.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 19th OCTOBER, 2022.

Heard Mr. Chawhan, learned counsel for the petitioner and Mr. Ghare, learned counsel for the respondents.

2. The petition challenges the judgment dated 12.09.2022 passed by the learned Cooperative Appellate Court (page 175), whereby the order below Exh. 5 dated 16.07.2022 passed in Dispute No. 225/2022, has been set aside and the application below Exh. 5 has been rejected by holding that the Opponent No.1/Society, under the bye-law No. F.1.9.20, had power to appoint Committee or Sub Committee (page 124), which would take into its compass an enquiry Committee appointed by the Opponent No. 1/Society.

                                  3.            Mr.    Chawhan,            learned   counsel   for    the
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petitioner, has not been able to point out any other provisions in the Maharashtra Co-Operative Societies Act or the Rules thereunder, which provides for appointment of a Committee in respect of the subject matter for which the Committee has been herein appointed nor is there any prohibition in that Bye-laws, to do so, which is placed on record. Since, the matter relates to the internal affairs of the Society, it would be the bye-laws of the Society which would govern the field. Bye-law No. F.1.9.20 would permit the Opponent No.1/Society, to appoint a Committee to enquire into the conduct of the petitioner as has been done in the present matter. The challenge on this count is therefore rejected.

4. The other grievance is that the Opponent No.2 was a person who has been made a member of the 7 Member Committee and was a person inimical to the petitioner/disputant, having filed complaints against the petitioner, and therefore, his inclusion in the Committee ought not to have been done, as that would cause prejudice to the petitioner/disputant.

5. Mr. Ghare, learned counsel for the respondents/original opponent, in fairness submits, that this apprehension, though unfounded, however as a matter of prudence, the Opponent No. 1 would replace the Opponent No. 2 from the Committee by another person. That being the position, I do not see any reason to interfere in the impugned judgment, as the apprehension of the petitioner/disputant is clearly redressed.

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6. The Petition is therefore dismissed. No costs.

7. Pending application/s, if any, shall stand disposed of accordingly.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:20.10.2022 13:47