1 (WP 1732 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1732 OF 2011 Shridhar Ramchandra Kothawale ...Petitioner vs. The State of Maharashtra and Ors. ...Respondents ----- Mr.H.S. Venegavkar for Petitioner Mr.J.P. Khairnar for Respondent No.2 Mr.S.N. Bhosale -AGP for Respondent No.1 ----- CORAM: V.M. KANADE J. DATED: 1st March, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Petitioner and the learned counsel for the Respondents. 2. The Petitioner is aggrieved by an order passed by the Divisional Joint Registrar, Co-operative Societies, Nashik. By the said order, the Divisional Joint Registrar was pleased to dismiss the application for stay filed by the Petitioner in the appeal which he had filed before the Divisional Joint Registrar. It is submitted that though the appeal was admitted, the Lower Appellate Court had refused to grant stay to the impugned order. In the 2 (WP 1732 of 2011) present case, the show cause notice was issued to the Petitioner under section 78 (i) of the Co-operative Societies Act. In the show cause notice, it was alleged that the Petitioner had illegally appointed one Amrutkar which was in violation of the Acts and Rules and, therefore, he was asked to show cause why he should not be removed. The District Deputy Registrar passed an order of removal by his order dated 28.1.2011. This order was challenged by the Petitioner in appeal. While dismissing the said application, the Lower Appellate Court has taken into consideration the provisions of section 78 (1) (b) and has taken into consideration the impugned order passed by the District Deputy Registrar and has, therefore, rejected the application. 3. It is submitted by the learned counsel appearing on behalf of the Petitioner that there was no order of disqualification passed against the Petitioner under section 73-FF and, as such, therefore, an order of removal could not have been passed under section 78 (1) (b). 4. In my view, the said submission cannot be accepted. Section 78 (1)(b) reads as under: 3 (WP 1732 of 2011) “1[ Power of removal of committee or member, thereof] 2[(1) If, in the opinion of the Registrar, the committee of any society or any member of such committee makes default, or is negligent in the performance of the duties imposed on it or him by this Act or the rules or the bye-laws, or commits any act which is prejudicial to the interests of the society or its members, or willfully disobeys directions issued by the State Government, or by the Registrar for the purpose of securing proper implementation of co-operative policy and development programme approved or undertaken by the State Government or is otherwise not discharging its or his functions properly and diligently 3[or where a situation has arisen in which the committee or any member of such committee refuses or has ceased to discharge its or his functions] and the business of the society has or is likely to come to a stand-still or where any member of such committee stands 1 This Marginal note was substituted by Mah.33 of 1963, s.17(d). 2 Sub-section (1) was substituted, by Mah.20 of 1986, s.40 3 This portion was inserted by Mah. 10 of 1988, s.15. 4 (WP 1732 of 2011) disqualified by or under this Act for being a member, the Registrar may, after giving the committee or the member, as the case may be, an opportunity of stating its or his objections, if any, within 15 days from the date of receipt of notice and after consultation with the federal society to which the society is affiliated, by order - (a) …. (b) remove the member and appoint any person as member of such committee in his place, or direct the society to elect or appoint a member in his place, for the remainder of the term of office of the member so removed.” 5. Perusal of the aforesaid section clearly reveals that the power is vested in the Registrar to remove either a committee or a member if he finds that the member makes a default or is negligent in performing the duty imposed on him or commits any act which is prejudicial to the interest of the society or its members and various other reasons mentioned in sub-clause (I). The power which is exercised by the Registrar under section 78(a) and (b), therefore, is an independent power and it cannot be equated with a disqualification of a member under 5 (WP 1732 of 2011) section 73-FF. No case is, therefore, made out for interfering with the impugned order. 6. Hearing of the appeal,however, is expedited. The Divisional Joint Registrar, Co-operative Societies, Nashik is directed to decide the appeal expeditiously and, in any case, within a period of eight weeks. Writ petition is disposed of. (V.M. KANADE J.)