Petitioner sought writ direction to Registrar to include his name in a cooperative society list. Court held that it cannot direct an unregistered proposed society. It directed the party to file an application under the Maharashtra Cooperative Societies Act to the Registrar.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO.4262/2012
Satyajit Shivajirao Nipanikar & Anr. .. Petitioners Versus The State of Maharashtra & Ors. .. Respondents
Mr.V.S.Tanwade,Adv.for petitioners Mr.S.G.Karlekar,AGP for State.
CORAM : R.M.BORDE & V.L.ACHLIYA,JJ. DATED: 17th June, 2014
PER COURT :-
The petitioner is seeking direction to respondent nos.2 and 3 District Deputy Registrar and the Assistant Registrar, Cooperative Societies, to consider his application presented on 5/7/10 for inclusion of his name in the list of members of the society. It is not disputed that at the time of presentation of application, society was not registered and it was merely proposed society. The Registrar or Assistant Registrar as the case may be is not expected to deal with the grievance raised by the petitioner concerning his membership of the proposed
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society. The directions as requested by the petitioner need not be issued. It has now been pointed out that the society has been granted registration certificate recently since the petitioner is desirous of becoming member of the society and the society is stated to be reluctant to admit the petitioner as a member of the society, it would be open for the petitioner to tender application within contemplation of provisions of the Maharashtra Cooperative Societies Act to the Registrar for issuance of appropriate directions to the society, for granting membership to the petitioner.
2] If the petitioner tenders appropriate application in accordance with the provisions of the Cooperative Societies Act, to the Registrar, he may consider the same in accordance with provisions of law. Petition stands disposed of.
[V.L.ACHLIYA,J.]
[R.M.BORDE,J.]
umg
1 issue framed by the court
Whether the Registrar of Cooperative Societies has jurisdiction to direct inclusion of a member in a registered society when the application was originally filed while the society was merely proposed.
1 provisions across 1 enactments
Satyajit Shivajirao Nipanikar & Anr.
The State of Maharashtra & Ors.
R.M.BORDE
V.L.ACHLIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
