FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1928 OF 2008 -------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s or Court’s or Judge’s orders directions & Registrar’s orders -------------------------------------------------------------------- Mr.A.Y. Sakhare, senior counsel i/by YKS Legal for the Petitioner. Mr.V.P. Masurkar, AGP with Mr.S.N. Patil, AGP for the respondents. CORAM : J.P. DEVADHAR, J. DATED : 2ND JULY, 2008. P.C. 1. Rule. Rule is made returnable forthwith. By consent of both the parties, taken up for final hearing. 2. This petition is filed to challenge the orders passed by the Divisional Joint Registrar dated 31-1-2007 appointing Special Auditor under Section 81(6) of the Maharashtra Cooperative Societies Act, 1960 and also the order passed by the Cooperation Minister on 20-2-2008 dismissing the Revision Application filed by the petitioner - society. 3. The dispute in this petition is as to whether the Divisional Joint Registrar could appoint Special Auditor under Section 81(6) of the M.C.S. Act, 1960. The Advocate for Respondent Nos.1,3 and 4 has referred to the affidavit in reply filed on behalf of respondent Nos.1 to 3 as also the Government Resolution dated 7-8-1993, according to which the Divisional Joint Registrar of Cooperative Societies at Mumbai and Pune are not empowered to exercise the powers under Section 81(6) of the M.C.S. Act, 1960 and it is only the Registrar who can pass such order. 4. In this view of the matter, both the impugned orders are quashed and set aside. Rule is made absolute in terms of this order. The Registrar may pass such orders as he deems fit in accordance with law. No costs. J.P. DEVADHAR, J.