- (1.) Whether the Divisional Joint Registrar, Cooperative Societies, Nashik could have, within three days of his having declared that the amendments made by respondent no. 1-Nashik District Central Cooperative Bank Ltd. in the Model Bye-Laws are contrary to the provisions of Maharashtra Cooperative Societies Act, (for short, 'the Act') and the Model Bye-Laws accorded approval to the amended Bye-Law No. increasing the tenure of the Chairman/Vice-Chairman from one year to two-and-a-half years and that too without giving any indication of the application of mind to the representation/explanation dated.10.2010 allegedly submitted by respondent no. and without taking into consideration the policy contained in letter dated .12.2008 issued by the Cooperative Commissioner and Registrar, Cooperative Societies, Maharashtra is the question which arises for consideration in these appeals filed against judgment dated.8.2011 of the Division Bench of the Bombay High Court.
(2.) In furtherance of an agreement entered into by the Government of Maharashtra with National Bank for Agriculture and Rural Development (NABARD) and the Central Government for implementation of the recommendations of Vaidayanathan Committee certain amendments were carried out in the Act. Simultaneously, Model Bye-Laws were framed and circulated to the cooperative societies in the State including the respondent no. vide letter dated 12.12.2008. In that letter it was made clear that while implementing the Model Bye-Laws, the banks are entitled to carry out necessary changes in the provisions relating to formation of the Managing Committee and other provisions as per local circumstances without impinging upon any statutory provision.
(3.) On receipt of letter dated.12.2008, respondent no. 1 passed Resolution No. dated.8.2009 for adoption of the Model Bye-Laws with certain amendments. That resolution was forwarded to the Divisional Joint Registrar vide letter dated.10.2009, who after scrutinising resolution and the amendments made in the Model Bye-Laws passed order dated 23.11.2009 under Section(3) of the Act, the operative portions of which read thus: " -::ORDER::- I, B.S. Yampalle, Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik in exercise of the powers conferred upon me under section(3) of the Maharashtra Co-operative Societies Act, the amendments proposed by the bank the Nashik District Central Co-operative Bank Ltd. Nashik from the Introduction Sub-Rule No. in Model Byelaw submitted vide Read No. to the general Sub-Rule No. and the appendix to be handed over under Sub-Rule No. to the Chief Executive Officer being inconsistent with the provisions in the Co-operative Act, Rule and Model Byelaws the Model Sub-Rule proposed to be adopted by the bank is being rejected for the reasons mentioned above.";