JAGDISH GAJDHAR KHETAN Vs. DIVISIONAL JOINT REGISTRAR

JUDGEMENT

(1.) Rule, with the consent of the parties, made returnable forthwith and heard.

(2.) The above petition under Articles 226 and 227 of the Constitution of India has been filed challenging the order dated 16/11/2010 passed by the Divisional Joint Registrar, Cooperative Societies, Amravati, by which order the Appeal filed by the petitioner against the order passed by the Assistant Registrar dated 13/8/2010 superseding the Society by having recourse to Section 78 of the Maharashtra Cooperative Societies Act, 1960 came to be dismissed.

(3.) The proceedings under Section 78 of the said Act were commenced on the complaint of the respondent no.4 i.e. Narayan Mukundrao Deshmukh, who is the heir of the original member of the Society i.e. Smt.Vastalabai Deshmukh that in spite of direction being issued by the Registrar from time to time the respondent no. 4 has not been made a member of the Society as being the heir of the said original member i.e. Smt.Vastalabai Deshmukh. The authorities below, in view of the non compliance of the direction issued by the Registrar from time to time, which included the Divisional Joint Registrar, thought it fit to exercise the powers under Section 78 of the said Act and to supersede the Managing Committee of the said Society.