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2015 DIGILAW 433 (BOM)

Rajiv Gandhi Macchimar Sahakari Sanstha Maryadit v. Deputy Registrar, Cooperative Societies

2015-02-11

R.K.DESHPANDE

body2015
Judgment R.K. Deshpande, J. 1. Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties. 2. The petitioner society was granted registration under Section 9 of the Maharashtra Cooperative Societies Act in the year 2006. This was the subject matter of challenge in a revision under Section 154 of the said Act. The Deputy Registrar, Cooperative Societies has in exercise of its jurisdiction under Section 154 of the said Act confirmed the order of registration of the petitioner society, by dismissing the revision. However, the direction is given to conduct an enquiry as contemplated under Section 21A of the said Act and to submit the report. This order passed on 22.08.2014 is under challenge in both these writ petitions only to the extent it directs conducting of enquiry under Section 21A of the said Act. The contention raised is that the powers under Section 21A of the said Act can be exercised in terms of sub-section (5) therein by an officer not below the rank of a Joint Registrar, Cooperative Societies. It is not in dispute that in the present case, the power has been exercised by an officer below the rank of a Joint Registrar, Cooperative Societies. 3. Section 21A(5) of the said Act being relevant is reproduced below. "21A. De-registration of societies. It is not in dispute that in the present case, the power has been exercised by an officer below the rank of a Joint Registrar, Cooperative Societies. 3. Section 21A(5) of the said Act being relevant is reproduced below. "21A. De-registration of societies. (1) If the Registrar is satisfied that any society is registered on misrepresentation made by applicants, or where the work of the society is completed or exhausted or the purpose for which the society has been registered are not served, or any primary agricultural cooperative credit society using the word 'Bank', 'Banking', 'Banker' or any other derivative of the word 'Bank' in its name, he may, after giving an opportunity of being heard to be the Chief Promoter, the committee and the members of the society, deregister the society : Provided that, where the number of members of the society is so large and it is not possible to ascertain the correct addresses of all such members from the records in the office of the Registrar and, in the opinion of the Registrar it is not practicable to serve a notice of hearing on each such individual member, a public notice of the proceedings of the de-registration shall be given in the prescribed manner and such notice shall be deemed to be notice to all the members of the society including the Chief Promoter and the members of the Committee of the Society, and no proceedings in respect of the de-registration of the society shall be called in question in any Court merely on the ground that individual notice is not served on any such members. (2) When a society is deregistered under the provisions of sub-section (1), the Registrar may, notwithstanding anything contained in this Act or any other law for the time being in force, make such incidental and consequential orders including appointment of Official Assignee as the circumstances may require. (3).... (4)... (5) The powers of the Registrar under sub-sections (1) and (2) shall not be exercised by any Officer below the rank of a Joint Registrar of Cooperative Societies." There cannot be any dispute that the power of de-registration of societies under Section 21A can be exercised by an officer not below the rank of a Joint Registrar of Cooperative Societies. 4. 4. The respondents have placed reliance upon the notification dated 30th March, 2000, issued under Section 3 of the said Act, which confers all the powers of Registrar under the Act and the Rules upon the Deputy Registrar, Cooperative Societies, except in respect of the matters stipulated therein. It is not in dispute that Section 21A is not the matter stipulated therein so as to exclude the jurisdiction of delegated powers of Registrar being exercised by the Deputy Registrar. It is, therefore, urged that the Deputy Registrar was, therefore, competent to exercise the powers under sub section (5) of Section 21A of the said Act. 5. Section 3 of the said Act under which the notification was issued on 30th March, 2000, regarding delegation of powers does not start with non-obstante clause as has been rightly urged by Shri P.B. Patil, Advocate. It does not, therefore, include the provision of sub-section (5) of Section 21A of the said Act. The power under sub-section (5) of Section 21A cannot be exercised by an officer below the rank of Joint Registrar of Cooperative Societies and Section 3 of the said Act does not confer powers under the State Government to delegate the powers of Joint Registrar of Cooperative Societies under sub-section (5) of Section21A, upon the Deputy Registrar of the Cooperative Societies. The exercise of jurisdiction under section 21A by the impugned orders cannot, therefore, be sustained. 6. In the result, both the writ petitions are allowed. The order dated 22.08.2014 passed by the Deputy Registrar, Cooperative Societies (Fishery) is hereby quashed and set aside to the extent it direct conduct of an enquiry under Section 21A of the said Act. Rule is made absolute in these terms. No order as to costs.