Quick Summary: The Bombay High Court handled a case about removing members from an agricultural society in Maharashtra. The court decided that the Registrar can remove members based on certain rules.
The case involved Udhav Laxman Jadhav, who challenged a decision that let certain people stay as members of the Bhagwanrao Jadhav Vikas Seva Society. These people were reportedly not qualified according to the society's rules.
The society is an agriculture credit society in Maharashtra. Udhav Laxman Jadhav argued that some members were added for political reasons and didn't meet the necessary requirements, like living in the area or owning farmland.
The Assistant Registrar initially removed these members, saying they didn't meet the society's membership requirements. However, this decision was overturned by the Divisional Joint Registrar, who said that the Assistant Registrar went beyond his authority.
"The Assistant Registrar went beyond his authority under Section 11 of the MCS Act, 1960," said the Divisional Joint Registrar.
Judge S. G. Chapalgaonkar looked at the case and decided that the Registrar does have the power to remove members if they don't meet certain rules. The court canceled the Divisional Joint Registrar's decision and sent the case back for further review.
The court pointed out that the Registrar can decide if a person is a farmer, lives in the society's area, or works there. This power is important for keeping the society's membership honest.
"Registrar has enough power to decide on removing a member," the court emphasized.
The case is sent back to the Divisional Joint Registrar for a new decision, with everyone expected to work together in the process. The Registrar must decide based on the specific facts outlined by the court.
This decision clarifies the Registrar's powers and highlights the importance of following membership rules in cooperative societies.
