Hello sir, we have expelled a member from our HSG society. Hearing is going on with the deputy registrar. The expelled members advocate in the hearing with the deputy registrar said they will file a stay order in the co-op court and bring stay before the order of expulsion is given by the deputy registrar. Pls advice Thanks
I C Naik
Dear Sudha
Jurisdiction of the Cooperative Court over disputes in cooperative societies is exhaustively specified under Sec. 91 of the M C S Act 1960. There are matters which are listed as not falling within the jurisdiction of Cooperative Court to adjudicate upon. One such exclusion includes:
(i) orders, decisions, awards and actions of the Registrar against which an appeal under section 152 or 152 A and
(ii) revizion under section 154 of the Act have been provided shall not be deemed to be a dispute for the purposes of this section[1].”
Exclusions under (i) above:
Under sub-section (1) of Section 152 decisions of the Registrar taken under various sections are listed and it includes the Registrar’s approval to the resolution of a General Body Meeting for expulsion of a member provided under sub-section (1) of Section 35. Registrar’s order approving resolution of General Body Meeting expelling member cannot be challenged in cooperative Court.
More over Section 154 provides for a revision of the Registrar’s order giving approval to expulsion by higher authorities. If the Ward Dy. Registrar approves expulsion the revision application can be made before District Dy Registrar. Appeal can be made to his boss the Joint Registrar and even his order can be challenged before the Cooperation Minister. So a financially strong member can drag his expulsion by resorting to all sorts of appeals.
