Shankar Vitthal Patil v. Divisional Joint Registrar, Co-Operative Societies, Kolhapur Div. Kolhapur And ORS

9-wp5087-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5087 OF 2024 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.04.10 10:08:49 +0530 Shankar Vitthal Patil ... Petitioner V/s.

Divisional Joint Registrar, Cooperative Societies, Kolhapur Division, Kolhapur & Ors.

... Respondents Mr. Nilesh Wable with Ms. Ruchita Khatmade i/by Mr. Umesh R. Mankapure for the petitioner.

Mr. Hamid D. Mulla, AGP for the State/respondent Nos.1 and 2.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 8, 2024 P.C.:

1.

Prima facie the petitioner has been disqualified under section 73-CA(1)(iv) of the Maharashtra Cooperative Societies Act, 1960 on the ground that the petitioner did not belong to borrowers category on the date of his election. Sub-clause (iv) of Sub-section

(1) of section 73-CA of the Maharashtra Cooperative Societies Act, 1960 confers power of Registrar to disqualify managing committee member of a cooperative society in case such person is disqualified under the provisions of the Act, Rules or Bye-laws. 2.

However, on perusal of the impugned orders, it appears that prima facie finding recorded by the authorities below is that the

9-wp5087-2024.doc petitioner was not qualified on the date of his election. It is, therefore, necessary to consider as to whether on this ground power under section 73-CA of the Maharashtra Cooperative Societies Act, 1960 can be exercised. Hence, till 24 June 2024, there shall be ad-interim relief in terms of prayer clause (b). 3.

Issue notice to respondent Nos.3 and 4, returnable on 24 June 2024.

(AMIT BORKAR, J.)