Dismissed

asha keshav palgadmal v. dy registrar co-op societies and 3 Ors.

Bombay HC22 Feb 2007WP/1682/2006

Case brief

AI extract

What is this about?

This court held that election proceedings could not proceed while an appeal against the Deputy Registrar's order was pending before the Divisional Joint Registrar. The petition for directions was dismissed as unfounded, with liberty to intervene in the pending appeal.

What did the court decide?

Petition dismissed; petitioner directed to pursue remedy by intervening in pending appeal before Divisional Joint Registrar.

asha keshav palgadmal Vs dy registrar co-op societies… — Cooperative Societies | Bombay HC (2007)

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¶2

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION NO.1682 OF 2006

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 Asha Keshav Palgadmal .. Petitioner

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Vs.

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 Deputy Registrar Co-operative
 Societies & Ors. .. Respondents

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 Mr.Prashant Kulkarni for the petitioner
 Ms.Mamta Saadh, A.G.P.for the respondent no.1 and 2

¶8

 CORAM : J.N.PATEL &
 S.C.DHARMADHIKARI, JJ.

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DATED : 22ND FEBRUARY, 2007
 P.C.:

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 1. The Deputy Registrar Co-operative Societies

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 has filed his affidavit in reply. The same is
 tendered across the bar. It is taken on record.
 Copy is furnished to the learned counsel for the
 petitioner. On going through the affidavit in
 reply, this court finds that the matter has got
 stuck up at the level of Divisional Joint
 Registrar, Co-operative Society before whom the
 Society has filed an appeal against the order of
 Deputy Registrar passed under Section 77A of the
 Maharashtra Co-operative Societies Act, 1960.
 Therefore, this court finds that the respondents

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 cannot proceed in the matter of holding the
 election unless the appeal is decided by the
 Divisional Joint Registrar, Co-operative Societies.

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 2. The relief which the petitioner has sought
 in this petition i.e. seeking directions against
 respondent no.1 to hold election is unfounded
 considering the fact situation brought on record in
 the affidavit of respondent no.1. Even otherwise
 he has not shown any inaction on his part in not
 taking appropriate steps in the affairs of the
 respondent no.4 society. Therefore, in the facts
 and circumstances, this court may not be able to
 grant the relief sought for by the petitioner. It
 is better that the petitioner pursues his remedy
 before the authorities under the Maharashta

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 Co-operative Societies Act, 1960. Nothing prevents
 the petitioner from intervening in the appeal
 preferred by the Society before the Divisional
 Joint Registrar and pursue the matter. With these

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 observations, we dismiss the petition.

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 ( SHRI J.N. PATEL, J )

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 ( SHRI S.C.DHARMADHIKARI, J )

asha keshav palgadmal v. dy registrar co-op societies and 3 Ors.

Case brief

What is this about?

What did the court decide?

asha keshav palgadmal v. dy registrar co-op societies and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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