The Divisional Joint Registrar of Co-operative Societies, Mumbai, has dismissed a revision application and appeal filed by four members of the Green Acres Co-operative Housing Society, Marol, upholding
their disqualification from the managing committee and confirming the appointment of an authorised officer to oversee the society’s functioning.
Orders Upheld
In a common order passed by Divisional Joint Registrar Shahaji Patil, the Deputy Registrar’s orders dated October 18 and October 30, 2023, were upheld. As per the 2023 orders, the Deputy Registrar had disqualified chairman Vinod Patrikar, secretary Sudhir Kasale, treasurer Nilesh Karmaran, and a committee member from holding office for five years under Section 75(5) of the Maharashtra Co-operative Societies (MCS) Act, 1960.
Appointment of Authorised Officer
The Deputy Registrar had also invoked Section 77(A) of the MCS Act to appoint an authorised officer after the disqualification left the committee without the minimum quorum required to manage the society’s affairs.
Arguments by Disqualified Members
The disqualified office bearers argued that they had duly conducted annual general meetings (AGMs) and maintained audited accounts with a ‘B’ grade for the past two years. They claimed no irregularities in the day-to-day running of the society and sought to quash the orders.
Registrar’s Findings
However, the Registrar’s office noted that the AGMs held in 2019 and 2022 failed to include statutory agenda items such as annual reports, audit rectification reports, and budget estimates, thus violating Section 75 of the MCS Act. It further observed that despite earlier disqualifications in 2020 and directions regarding mobile tower revenues under Section 79A, the committee had failed to comply with the law.
Final Order by Divisional Joint Registrar
Patil, in his order, held that the appellants failed to provide a satisfactory explanation or establish valid grounds to overturn the Deputy Registrar’s findings. “The Deputy Registrar, after verifying the facts and following due process of law, has rightly passed the impugned orders, which require no interference on my part,” the order stated.
