Pune: Bombay High Court Quashes Disqualification Of Naren Hills Society Committee in Wanowrie
Pune: Bombay High Court Quashes Disqualification Of Naren Hills Society Committee in Wanowrie
Pune: The Bombay High Court, led by Justice Marne, has overturned the disqualification of the managing committee members of Naren Hills Cooperative Society, located in Wanowrie ruling that the decisions of both the Deputy Registrar and Divisional Joint Registrar were legally flawed due to jurisdictional errors and lack of proper consideration.
The dispute arose when Adv. Kshitija Moreshwar, Shiboo Krishnan, Thomas Augustine, Praresh Nibalani, Rashida Patel, and Devesh Kumar Jain challenged their one-year disqualification under Section 75(5) of the Maharashtra Co-operative Societies Act, 1960. The Deputy Registrar had disqualified them for failing to conduct the Annual General Meeting (AGM) for 2021-22 within the stipulated deadline. The meeting, originally due by September 30, 2022, was only conducted on September 30, 2023, despite an extension until December 31, 2022.
The petitioners, represented by Adv. Rajeev Chavan and Adv. B.R. Mangale, argued that the delay was not due to their negligence but was caused by the previous Administrator’s failure to provide essential financial records and the audit report until July 23, 2023. They contended that this unavoidable delay should not warrant disqualification.
The High Court ruled that the Deputy Registrar had overstepped his jurisdiction by reissuing a show-cause notice after it had already been addressed. The Court emphasized that disqualification under Section 75(5) is not automatic and requires proper assessment of reasons for the delay. It further noted that both the Deputy Registrar and Divisional Joint Registrar failed to consider the petitioners’ justification, leading to their decision being quashed.
