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HC overrules order,holds Coop Sec can hear appeals under MCS Act

Overruling its earlier order,the Bombay High Court has held that secretary,additional secretary or deputy secretary to the Maharashtra Government in the Cooperation department had the jurisdiction to entertain,hear and decide appeals filed under the Maharashtra Cooperative Societies Act.

Written by Express News Service | Mumbai | Published: May 16, 2012 1:37:54 am

Overruling its earlier order,the Bombay High Court has held that secretary,additional secretary or deputy secretary to the Maharashtra Government in the Cooperation department had the jurisdiction to entertain,hear and decide appeals filed under the Maharashtra Cooperative Societies (MCS) Act.

“The earlier judgement holding that hearing of appeals under Section 152 of MCS Act by the secretary,Cooperation Department,was without jurisdiction does not lay down the correct law and the decision is hereby overruled”,observed Chief Justice Mohit Shah and Justice Nitin Jamdar recently.

The bench was hearing a reference made by Justice G S Godbole in respect of the provision relating to hearing of appeals by the secretary in the Cooperation Department of Maharashtra under Section 152 of MCS Act.

The petitions filed before Justice Godbole arose from orders passed by the regional joint director (Sugar) and joint registrar,Cooperative Societies in proceedings under Section 11 read with Section 25A of the MCS Act.

All the petitioners had filed statutory appeals under Section 152 of the MCS Act before the State Government. The secretary issued notices to the petitioners to appear before him in respect of hearing of the appeals. This action of the secretary was questioned in the petitions.

During the hearing of petitions before Justice Godbole,reliance was placed on the judgement of Judge R M S Khandeparkar in the case of Ravindra V Gaikwad v/s The State of Maharashtra and others to contend the secretary had no power to hear the appeals under Section 152 of MCS Act.

As Justice Godbole did not agree with the earlier judgement,which had held that the secretary had no power to hear the appeals under MCS Act,he made a reference to a larger bench,which has now overruled the judgement delivered by Justice Khandeparkar.

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