BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 1123/2009 (Rushi M. Lende v. The State of Mah.) Court's or Judge's orders & Ors.
Case at a glance
Outcome
Dismissed
The writ petition is dismissed
Provisions considered
- Maharashtra Cooperative Societies Act, 1960 ss. 5, 13, 152
Judgment
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.G. Jagtap, Advocate for the petitioner. Mr. D.M. Kale, A.G.P. For respondent nos. 1 to 3. Mr. S.K. Tambde, Advocate, for respondent nos. 4 to 13. CORAM : SMT. VASANTI A. NAIK, J. DATE : JUNE 18 . , 2009 Heard the learned counsel for the parties. By this petition, the petitioner impugns the order passed by the Divisional Joint Registrar, Cooperative Societies, Nagpur, on 31st of October, 2008, allowing an appeal filed by the respondent nos.
5 to 13 under Section 152 of the Maharashtra Cooperative Societies Act, 1960. I have considered the submissions made on behalf of the parties and also perused the impugned order dated 31/10/2008, along with the order passed by the Assistant Registrar on 16/8/2008 and the other documents which are annexed to this petition. The Divisional Joint Registrar, Cooperative Societies, Nagpur, did not commit any illegality in allowing the appeal filed by the respondent nos. 5 to 13 as the authority observed that only a copy of the show cause notice dated 21/5/2008 was sent to the Federal Body and the copy of the reply filed by the respondent nos. 5 to 13 and the 2 documents tendered by them were not sent to the Federal Body. The Divisional Joint Registrar, Cooperative Societies, Nagpur, rightly followed the decision reported in 2002 (5) Mh.L.J. 464 to hold that there was non-compliance of the provisions of Section 78 of the Act of 1960, as a consultation with the Federal Society under Section 78 of the Act, is not a mere formality to be complied with and it is necessary for the authority who is required to consult the Federal Body to place all the material relevant to the matter before the Federal Body for the purpose of consultation.
Operative part
Since the entire material was not placed before the Federal Body, the Divisional Joint Registrar, Cooperative Societies, Nagpur, rightly allowed the appeal filed by the respondent nos. 5 to 13. The Divisional Joint Registrar, Cooperative Societies, Nagpur, also recorded certain other reasons for allowing the appeal filed by the respondent nos. 5 to 13. The impugned order is just and proper, and calls for no interference. The writ petition is dismissed with no order as to costs. JUDGE RMP
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is dismissed
Which statutory provisions did this judgment involve?
Maharashtra Cooperative Societies Act, 1960 — ss. 5, 13, 152.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.