Judgment : 01) Notice for final disposal of the petition was issued on 24.11.2011. Shri D.P.Thakre, the learned AGP appears for the respondent nos.1 and 2. However, none appears for the respondent nos.3 to 6, though they are all served. In view of this, no fresh notice is required to be issued. 02) Rule, made returnable forthwith. Heard the matter by consent of the learned Counsels appearing for the parties, present before this Court. 03) The petitioners challenge the Order dated 30.7.2010 passed by the Divisional Joint Registrar, Cooperative Societies, Nagpur, dismissing Revision No.516 of 2010 filed by the petitioners and confirming the Order dated 10.9.2009 passed by the Assistant Registrar, Cooperative Societies, Tahsil Hingna, refusing to grant his approval to his Resolution dated 14.10.2006 passed by the petitioner, removing the respondent nos.3 to 6 from the membership of the petitioner society. 04) Both the authorities have recorded the finding that the petitioners have failed to establish that the notices of the meeting dated 14.10.2006 were served upon the respondent nos.3 to 6. In revision preferred by the petitioners, a specific ground was taken that the acknowledgements were filed. However, the Assistant Registrar has failed to look into it. The Divisional Joint Registrar has not considered this aspect of the matter. In this petition, a specific ground is raised that the acknowledgements were filed about the issuance of notice to respondent nos.3 to 6 and the meeting held on 14.10.2006. However, there is no reply to the said averment by the respondent nos.1 and 2 in the affidavit filed before this Court. 05) If it is a fact that such acknowledgements are already placed on record, then the Order passed below suffers from total non consideration of the same. Apart from this, Section 35 of the Maharashtra State Cooperative Societies Act, requires an opportunity of representation to be given to the Members proposing to be expelled. It is the contention raised by the petitioners that in the meeting dated 14.10.2006 the respondent nos.3 to 6 were present and after hearing them, the Resolution has been passed to expel them from the Society. However, this aspect has also not been considered by the authorities below. In view of this, the order passed by the authorities below, cannot be sustained as it suffers from non application of mind to the relevant points, the same, therefore, needs to be set aside. However, this aspect has also not been considered by the authorities below. In view of this, the order passed by the authorities below, cannot be sustained as it suffers from non application of mind to the relevant points, the same, therefore, needs to be set aside. 06) In the result, the writ petition is allowed. The Order dated 10.9.2009 passed by the Assistant Registrar, Cooperative Societies, Tahsil Hingna, at Annexure-N to the petition and the Order dated 30.7.2010 passed by the Divisional Joint Registrar, Cooperative Societies, Nagpur, in Revision No.516 of 2010, are set aside. The matter is remitted back to the Assistant Registrar, Cooperative Societies for reconsideration of this aspect afresh, after granting an opportunity to the parties. 07) Rule is made absolute in above terms. No order as to costs.