1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5192/2006 (Devendra Vilas Chauhan VERSUS The State of Mah. & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. Dastane, counsel for the petitioner. Mrs. Dangre, Addl. G.P. for the R-1 to 4. CORAM : D.D.SINHA AND SMT. VASANTI A. NAIK, JJ. DATE : FEBRUARY 13, 2008. The learned counsel for the petitioner has submitted that the impugned communication dated 31.03.2005 issued by the Commissioner of Cooperation and Registrar for Cooperative Societies, Maharashtra State, Pune to the Divisional Additional Registrar, Cooperative Societies (All) and District Deputy Registrar, Cooperative Societies (All), wherein it is mentioned that so far as the registration of Labour Cooperative Societies is concerned, they should not be given registration if the new proposal in this regard is received from new Labour Cooperative Society and such proposal should be placed for approval before the Government. Mr. Dastane, the learned counsel for the petitioner, has submitted that the impugned communication is completely inconsistent with the provisions of Section 9 of the Maharashtra Cooperative Societies Act, 1960. It is stated that the role of the State Government comes at a later point of 2 time after the application is submitted for grant of registration by the Labour Cooperative Society and if the said application is not disposed of by the Registrar within a period of two months from the date of receipt of such application. However, in the instant case, all the proposals received by the Registrar for grant of registration from the Labour Cooperative Society, are required to be placed before the Government for approval, and therefore, the communication being inconsistent with the above referred provision, cannot be sustained in law. Mrs. B.H. Dangre, the learned Additional Government Pleader, on the other hand, has submitted that the impugned communication cannot be said to be inconsistent with the provisions of Section 9 of the Act, in that sense. Since even as per the provisions of Section 9 of the Act, the State Government is required to consider these proposals though in the contingency where the Registrar fails to decide such applications within a stipulated period. It is, therefore, contended that the contentions canvassed by the counsel for the petitioner are not correct. We have considered the contentions canvassed by the respective counsel. Perused the impugned communication as well as provisions of Section 9 of the Act. Provisions of Section 9 of the Act contemplates that ----- 3 (1) If the Registrar is satisfied that a proposed society has complied with the provisions of this Act and the rules, (for any other law for the time being in force, or policy directives issued by the State Government under section 4 and the proposed by-laws of the society are not contrary to the Act or rules, in that case, the Registrar shall within, within two months, from the date of receipt of such application register the society and its by-laws. (2) Where there is a failure on the part of the Registrar to dispose of such application within the period aforesaid, the Registrar, shall, within a period of fifteen days from the date of expiration of that period refer the application to the next higher officer and where the Registrar himself is the registering officer, to the State Government, who or which, as the case may be, shall dispose of the application within two months from the date of its receipt and on the failure of such higher officer or the State Government, as the case may be, to dispose of the application within that period, the society and its by-laws shall be deemed to have been registered. (and thereafter the Registrar shall issue a certificate of registration under his seal and signature within a period of fifteen days). (3) Where the Registrar refuses to register a proposed society, he shall forth-with communicate his decision to the person making the application and if 4 there be more than one, to the person who has signed first thereon. (4) The Registrar shall maintain a register of all societies registered, or deemed to be registered, under this Act. Considering the scheme enumerated in Section 9 of the Act, it is the Registrar who is required to process the application of the proposed society first and according to the procedure mentioned in Clause 9(1) of the Act, he is required to take a decision thereon within a period of two months. For some reason, if the Registrar fails to do that, he is required to forward the said application to the higher authority and in case, he himself is a registering authority, to the State Government. In case of failure to decide the application by the higher authority or a State Government, there is a deeming fiction created by Sub Section 2 of Section 9 of the Act, and such societies shall be deemed to have been registered. A plain reading of the impugned communication would show that the Commissioner of Cooperation has given complete go bye to the statutory procedure stipulated under Section 9 of the Act of 1960, and therefore, it is difficult for us to sustain the same. Hence, the matter is referred back to Commissioner Cooperation and Registrar of Cooperative Societies, Maharashtra State, Pune for reconsidering the 5 issue afresh in view of the scheme of Section 9 of the Act and if necessary, issue appropriate directions or guidelines which must be in conformity with the provisions of Maharashtra Cooperative Societies Act, 1960 and Rules made thereunder, particularly Section 9 of the Act. With these directions, the writ petition is disposed of. Steno copy be supplied to the learned Additional Government Pleader. JUDGE JUDGE APTE