1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7935 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.Vinod P. Patil, counsel for petitioner. CORAM : R.M.BORDE, J. DATE : 1/09/2010 1] The dispute presented to the Cooperative Court under Section 91 of the Maharashtra Cooperative Societies Act, seeking declaration that the office bearers of the Cooperative Society are disqualified for being members of the Board of Directors as well as seeking a relief in respect of appointment of administrator, to look after the business of the society, has been turned down by the Cooperative Court, holding that such a dispute is not entertainable. The Appeal presented against the judgment delivered by the appellate Court being Appeal No. 2 254/2009 has also been dismissed by the Cooperative Appellate Court on 15/2/2010. 2] The issue raised in the dispute is in respect of holding the office bearers of the society, disqualified to continue as the office bearers. The Registrar is competent authority to probe into the question and if the Registrar choses to pass any order holding office bearers disqualified or directing supersession of the board of directors in exercise of powers under Section 78 of the Act, the said order would be appellable under Section 152 of the Act. Any decision by the Registrar, which is amenable to challenge under Section 152 of the Act, would not fall within the definition of the dispute entertainable by the Cooperative Court in exercise of powers under Section 91 of the Act. The petitioner may have to avail of the alternate remedy prescribed under the Act. So far the judgment and order passed by the Cooperative Court as well as the Co- opertive Appellate Court is concerned, the same cannot be said to be erroneous or illegal. This Petition does not call for any interference in exercise of extra ordinary jurisdiction under 3 Article 227 of the Constitution of India. Petition stands rejected. (R.M.BORDE,J.) umg/wp-7935-10