The Bombay excessive court docket final week stayed an order handed by a deputy registrar of co-operative societies within the metropolis, directing a co-operative housing society at Dindoshi to problem no-objection certificates to certainly one of its members for enchancment and alter of person of his premises.
“In my prima-facie opinion the Deputy Registrar of Cooperative Societies ex-facie didn’t have any jurisdiction and authority to problem such a path to the petitioner society to problem a NOC as contained within the order,” stated justice Girish Kulkarni whereas staying order issued by the deputy registrar, P ward.
Performing on a grievance lodged by the member, the deputy registrar had on July 9, 2019 directed Shree Raghunandan co-operative housing society to problem needed NOCs to the member for becoming a member of 4 tenements and changing person of the premises from residential to industrial.
The housing society then moved HC, by advocate Mohit Jadhav, difficult the order on numerous grounds.
The order was purportedly handed underneath Part 79(2)(a) of the Maharashtra C o-operative Societies (MCS) Act, 1960, however justice Kulkarni opined that the deputy registrar had no energy to problem such a path.
In my prima facie opinion, it’s clearly a dispute between a member and the society, which might require adjudication earlier than another discussion board, stated the decide.
The decide stated part 79(2)(a) offers with compliances to be made by co-operative societies and confers energy on the deputy registrar to problem needed orders to make sure the statutory compliances like submitting of returns and so forth.
“It’s tough to conceive that the character of the grievance as made by respondent no. 3 (member) earlier than the Deputy Registrar invoking Part 79(2)(a) for issuance of inter-alia fireplace NOC and a NOC for enhancements can in any respect fall throughout the purview of this provision,” stated justice Kulkarni.
The decide added that to learn such large powers to problem such instructions as contained within the impugned order underneath Part 79(2)(a) would quantity to studying one thing into the supply which the legislature has not offered for and in reality in that case construed would quantity to one thing opposite to the statutory scheme of the MCS Act 1960.