PUNDALIK versus DISTRICT DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, CHANDRAPUR AND ORS.

PUNDALIK versus DISTRICT DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, CHANDRAPUR AND ORS.

The appellant continued as a defaulter after the coming into force of section 73FF, thus incurred disqualification to be member of the committee; removal under section 78(1) for disqualification does not invalidate the procedure even if election is not called in question per election dispute provisions.

Parties
Appellant: Pundalik; Respondents: District Deputy Registrar, Co-operative Societies, Chandrapur and Ors.
Jurisdiction
India
Judgment Date
22 February 1991
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Bombay High Court
Outcome
Appeal dismissed
Legal Topics
Disqualification Due to Loan Default, Removal From Committee, Election Procedure Under Co Operative Societies Act
Co Operative Law Disqualification Due to Loan Default Removal From Committee Election Procedure Under Co Operative Societies Act

Case Brief

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Parties

Pundalik

Appellant

District Deputy Registrar, Co-operative Societies, Chandrapur and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Bombay High Court

Legal Issues

  1. 1 Whether the removal of appellant from directorship for loan default was valid under Maharashtra Co-operative Societies Act
  2. 2 Whether failure to pay loan instalments constituted disqualification for committee membership under section 73FF
  3. 3 Whether removal amounted to setting aside the election without following prescribed procedure

Ratio Decidendi

The appellant continued as a defaulter after the coming into force of section 73FF, thus incurred disqualification to be member of the committee; removal under section 78(1) for disqualification does not invalidate the procedure even if election is not called in question per election dispute provisions.

Court Disposition

Appeal dismissed

Orders

  • Interim orders, if any, stand vacated
  • No costs