Smt. Shobha Maruti Rane v. The State Of Maharashtra, By Joint Registrar Of Co-Operative Societies, Mumbai Division And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5733 OF 2014 Smt. Shobha Maruti Rane ...

Petitioner

Versus

The State of Maharashtra And Others ...

Respondents .....

Mr. Rakesh Bhatkar i/b Mohan Devkule for the Petitioner. Mr. S.D. Rayrikar, AGP for Respondent No.1.

Mr. Mangesh D. Chavan for Respondent No.2.

.....

CORAM : R.M. BORDE, J.

DATE : 19 SEPTEMBER, 2016 P.C. :

.

Heard.

The Petitioner is objecting to the order passed by the Divisional Joint Registrar, Co-operative Societies at Mumbai Division, Mumbai, remanding the matter back for consideration to the Deputy Registrar, Co-operative Societies, Mumbai.

The dispute relates to nomination of the Petitioner as the members of the society. It is not matter of dispute that the father of the Petitioner and Respondent No.2 was the member of the Co-operating Housing Society and on his demise, his wife i.e. mother of the Petitioner and Respondent No.2 was nominated to be a member. The mother of the Petitioner and Respondent No.2 also passed away and it is contented by Respondent No.2

2/3 that during her lifetime, she has nominated Respondent No.2 as nominee for the purpose of conformation the membership of the society. The Petitioner herein contends that the membership was conformed on the mother on 26 August 1989, whereas nomination form was presented on 14 March 1986. It is contention of the Petitioner that the nomination of heir cannot be precede confirmation of the membership on his mother, and as such, the nomination of Respondent No.2 by mother of the Petitioner and Respondent was illegal and doubtful. It does appear that the application form for membership and nomination form was filed by the mother of the Petitioner and Respondent No.2, on 14 March 1986. On perusal of Section 30 which relates to the nomination by the member, we do not find any such bar.

There does not appears to be any bar in tendering the nomination application informing the name of the nominee together with the application seeking membership. Even otherwise, the nominee is entitled to hold a property as trustee and right, title and entitlement of the legal heirs are not defeated by such confirmation of the membership. It would be open for the Authority dealing with the application i.e. the Deputy Registrar, Co-operative Society, R-North Division, Mumbai to consider the material placed on record and pass an appropriate order. Since the order under challenge is remand of matter for reconsideration of the Deputy Registrar, Co-operative Society, RNorth Division, Mumbai, no interference is called under Article 226 of the Constitution of India in exercise of extraordinary jurisdiction.

3/3 appropriate orders in accordance with provisions of law. In view of the above, the Writ Petition is disposed of.

(R.M. BORDE, J.)