Gokuldas S/O. Shriramji Raut And ... vs The Divisional Joint Registrar, ...
2023 Latest Caselaw 11625 Bom

2023:BHC-NAG:16403-DB


                                                             1                               45.WP.2451-2023.odt




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

                                      WRIT PETITION NO. 2451 OF 2023
                           ( Gokuldas S/o Shriramji Raut & Ors.
                                            Vs.
          The Divisional Joint Registrar, Co-operative Societies, Amravati & Ors. )
         Office Notes, Office Memoranda                      Court's or Judge's orders
         of Coram, Appearances, Court's
         orders     or    directions and
         Registrar's orders

                                 Ms. Shaad Mirza, Advocate h/f Mr. Firdos Mirza, Advocate for the Petitioners.
                                 Mr. S.M. Ukey, Addl.GP for the Respondent No.1/State.
                                 Mr. O.A. Ghare, Advocate for the Respondent No.2.
                                 Mr. R.D. Karode, Advocate a/w Mr. S.S. Dhengale, Advocate for the
                                 Respondent Nos. 3 to 7.


                                 CORAM:        AVINASH G. GHAROTE AND
                                               URMILA JOSHI-PHALKE, JJ.

DATED : 9th NOVEMBER, 2023

Heard.

2. On 08.11.2023 the following position is recorded:

"2. The only grievance raised in the petition is regarding the refusal of respondent No.1, to convene the meeting of 'no confidence' on the requisition received in that regard on the ground that the elected Director of respondent No.2 - Bank, is not the 'Officer' in view of the expression as occurrs in Section 2 (20) of the Maharashtra Co-operative Societies Act, 1960.

3. It is contended that the matter is covered by the judgment of this Court in Babasaheb s/o Devidasrao Borade Vs. The Additional Divisional Commissioner, Aurangabad and ors. 2012 (1) ALL MR 722 (para 7).

4. Even otherwise, since the motion is being sought to be taken against an elected Director of respondent No.2 - Bank he would even otherwise be an office bearer in relation to Section 2 (20) of the Maharashtra Co-operative Societies, Act, 1960.

2 45.WP.2451-2023.odt

5. Mr. Sagar Rawate, learned Counsel holding for Mr. S.S. Dhengale, learned Counsel for respondent Nos.3 to 7 seeks accommodation till tomorrow.

6. List the matter on 09/11/2023. "

3. Today Mr. Karode, learned counsel appears for the respondent Nos. 3 to 7 and supports the impugned order dated 23.03.2023 (page 70) contending that a Director may not fall within the scope and ambit of Rule 57A(1) of the Maharashtra Cooperative Societies Rules,1961.

4. In our considered opinion, the contention is misconceived for the reason that the language of Section 73-1D of the Maharashtra Cooperative Societies Act, 1960 speaks about of motion of no-confidence against the officers of the society which considering the definition of an 'officer' as contained in Section 2(20) of the Maharashtra Cooperative Societies Act, 1960 would include a duly elected director to the managing committee of the society, considering which, the order dated 23.03.2023 cannot be sustained. The same is hereby quashed and set aside and the respondent No. 1 is directed to consider the requisition afresh in light of what has been stated above.

5. The Petition is accordingly allowed in the above terms. No cost.

(URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 09/11/2023 18:39:48