1 W.P. 694.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO. 694 OF 2010 Shree Ramkrishna Urban Sahakari Credit Society Limited at Ahmednagar, Having its office at “Ramkrishna Bhavan” Old Vasant Talkies Ahmednagar District Ahmednagar Through its Chairman ... PETITIONER V E R S U S Laxminarayan Shivnarayan Jaju Age 50 years,Occupation Business R/o 2340,Adat Bazar, Ahmednagar.District Ahmednagar ... RESPONDENT ... Mr.V.D.Hon ,Advocate for Petitioner. Mr. R.B.Deshmukh, Advocate for sole respondent. ... CORAM : V.R.KINGAONKAR, J. DATE : 26TH APRIL, 2010. PER COURT : 1] Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the petition is being disposed of finally at the stage of admission, in view of the short question involved therein. 2] The petitioner is a co-operative Credit Society. The notice was issued to the respondent, who is member of the petitioner-Society, calling upon him to show cause why he 2 W.P. 694.10 should not be expelled, as contemplated under section 35 of the Maharashtra Co-operative Societies Act, 1960. He challenged the notice calling upon General Body Meeting, which was scheduled for consideration of the subject of expulsion. The petitioner raised jurisdictional issue. The Co-operative Court held that the dispute is not covered by Section 91 of the Maharashtra Co-operative Societies Act, whereas Co-operative Appellate Court held that the Co- operative Court has jurisdiction to deal with the matter. 3] Heard learned counsel for the parties. I have perused the judgments of both the Courts. 4] The respondent challenged only the notice whereby General Body meeting was convened. The issue regarding expulsion of member squarely falls within the ambit of section 35 of the Maharashtra Co-operative Societies Act. There are sufficient provisions regarding protection available to the members against whom action for expulsion is contemplated. Such member is required to be served with notice and without hearing such member, expulsion order can not be passed. Moreover, resolution for expulsion is required to be approved by the Registrar. 3 W.P. 694.10 Thus, at two stages, a member can agitate grievance (i) before General Body Meeting by giving reply to the show cause notice and (ii) explain his stand and secondly before the Registrar prior to approval of action of expulsion. The view taken by the Co-operative Court is erroneous and against settled law on the subject. In this view of the matter, the impugned judgment is set aside. The Writ Petition is allowed. Rule made absolute. No costs. Sd/- ( V.R.KINGAONKAR ) JUDGE MTK