Dr. Chandrakant Shripati Pokharkar v. District Deputy Registrar Cs, (Pune Rural) And ORS

spb/ 14wp13017-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 13017 OF 2019 Dr. Chandrakant Shripati Pokharkar ... Petitioner.

V/s.

District Deputy Registrar CS, (Pune Rural) & Ors.

... Respondents.

--- Mr. N. N. Bhadrashete, Advocate for the Petitioner. Mr. S. L. Babar, AGP for Respondent Nos. 1, 2 & 4. Mr. Milind Prabhune, Advocate i/by Mr. S.S.Aradhye for Respondent No. 3.

--- CORAM : UJJAL BHUYAN, J.

DATE : JANUARY 06, 2020.

PC :

Heard Mr. N. N. Bhadrashete, learned counsel for the Petitioner; Mr. S.L. Babar, learned AGP for Respondents 1, 2 & 4; and Mr. Milind Prabhune, learned counsel for Respondent No.3. Petitioner was expelled on 28.11.2018 from the membership of Shri Sainath Nagari Sahakari Patsanstha Maryadit, Manchar i.e. Respondent No. 3, which is a Co-operative Credit Society registered under the provisions of the Maharashtra Cooperative Societies Act, 1960. Against approval of resolution, expelling the Petitioner from Respondent No. 3- Society, Petitioner preferred appeal before Respondent No. 2. Respondent No. 2 dismissed the appeal on 24.09.2019.

Borey 1/2

spb/ 14wp13017-19.odt Against such dismissal of his appeal, it is stated that the Petitioner has preferred Revision Application under section 154 of Maharashtra Co-operative Societies Act, 1960. Grievance of the Petitioner is that because of political uncertainty, there was no authority to hear his Revision Application. Hence, the Writ Petition. Mr. S. L. Babar, learned AGP for the State submits that now there is a Minister, looking after affairs of the Co-operation Department, who is competent to hear and decide the Revision Application of the Petitioner.

In view of the above, it is hereby directed that Revision Application filed by the Petitioner may be taken up on Board by the Hon'ble Minster and the same may be heard and decided expeditiously in accordance with law within a period of six weeks from the date of the appearance of the parties. Since the parties are present before the court, let them appear before the Hon'ble Minister alongwith an authenticated copy of this order at 3 p.m. on 21.01.2020 whereafter, the Hon'ble Minister shall proceed to hear the Revision Application of the Petitioner. It will be open to the Petitioner to file application for stay, in which event, the same may also be considered in accordance with law.

It is made clear that court has not expressed any opinion on merit and all contentions are kept open.

Writ Petition is disposed of.

(UJJAL BHUYAN, J.) Borey 2/2