SC Discusses Constitutionality Of Maharashtra Co-Operative Societies Act Provision Disqualifying Committee Members On Having Third Child
7 years, 3 months ago

SC Discusses Constitutionality Of Maharashtra Co-Operative Societies Act Provision Disqualifying Committee Members On Having Third Child

Live Law  

The Supreme Court vacation bench of Justice Adarsh Kumar Goel and Justice UU Lalit on Friday contemplated on the constitutional validity of section 73CA of the Maharashtra Co-operative Societies Act of 1960 in so far as the provision mandates that a person having more than 2 children shall be ineligible for being elected, nominated, appointed, or co-opted, or for being a member of. The Supreme Court vacation bench of Justice Adarsh Kumar Goel and Justice UU Lalit on Friday contemplated on the constitutional validity of section 73CA of the Maharashtra Co-operative Societies Act of 1960 in so far as the provision mandates that a person having more than 2 children shall be ineligible for being elected, nominated, appointed, or co-opted, or for being a member of a committee of a society registered under the Act of 1960. The judgment in the matter of Javed v. State of Haryana was referred, where the Supreme Court had rejected the challenge under Articles 14, 21 and 25 of the Constitution to section 175 of the Haryana Panchayati Raj Act of 1994, which stipulated that “no person shall be a Sarpanch or a Panch of a Gram Panchayat or a member of a Panchayat Samiti or Zila Parishad or continue as such who… has more than two living children ”. Relying on the other grounds for disqualification as per section 73CA of the Act of 1960, it was further argued that being a defaulter of the society, perpetrating indiscipline in the society, competing with the society’s business, financial impropriety etc were rational grounds for disqualification of a person from being a member of a committee of the society, but disqualification on the ground of having more than 2 children has no reasonable nexus with the objectives of the Act.

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History of this topic

Maharashtra Co-Operative Societies Act Promotes Open Membership, Rejection Of Applicant Unwarranted If All Conditions Are Met: Bombay High Court
8 months, 1 week ago

Maharashtra Co-Operative Societies Act Promotes Open Membership, Rejection Of Applicant Unwarranted If All Conditions Are Met: Bombay High Court

Live Law  

The Bombay High Court observed that Section 23 of the Maharashtra Co-operative Societies Act, 1960 promotes the concept of 'open membership'. Thus, the rejection of membership by a Co-operative Bank based on alleged motives to disrupt its administration, despite the applicants fulfilling all conditions mandated by the MCS Act, was deemed to be a violation of Section 23 of the …

Maharashtra Co-Operative Societies Act Does Not Curtail Power Of Police Investigation Under CrPC: Supreme Court
1 year, 7 months ago

Maharashtra Co-Operative Societies Act Does Not Curtail Power Of Police Investigation Under CrPC: Supreme Court

Live Law  

A three-judge Bench of the Supreme Court, while hearing an appeal, held that: “The police have an independent power and even duty under the CrPC to investigate into an offence once information has been drawn to their attention indicating the commission of an offence. The High Court decided the appeal in favour of the respondents by holding: "Section 81 contains …

Registrar Cannot Dissolve Cooperative Society's Management Committee Based On Unaccepted Resignations: Bombay High Court
1 year, 7 months ago

Registrar Cannot Dissolve Cooperative Society's Management Committee Based On Unaccepted Resignations: Bombay High Court

Live Law  

The Bombay High Court recently held that Registrar cannot dissolve the board of directors of a society on account of half of the members of the committee resigning before the society has accepted the resignations. Justice Kishore C Sant of the Aurangabad bench in a writ petition quashed Registrar’s order dissolving the board of directors of a cooperative society whose …

Challenge To Cooperative Society's Membership Can Only Be Raised Before Cooperative Court, Not State: Bombay High Court
2 years, 1 month ago

Challenge To Cooperative Society's Membership Can Only Be Raised Before Cooperative Court, Not State: Bombay High Court

Live Law  

The Bombay High Court recently held that grant of membership of a cooperative society to any person can be challenged only by filing a dispute before the co-operative court under Section 91 of the Maharashtra Co-Operative Societies Act, 1960. “If membership is granted to any person is in contravention of MCS Act and is thus disputed, then the same can …

SC Discusses Constitutionality Of Maharashtra Co-Operative Societies Act Provision Disqualifying Committee Members On Having Third Child
7 years, 3 months ago

SC Discusses Constitutionality Of Maharashtra Co-Operative Societies Act Provision Disqualifying Committee Members On Having Third Child

Live Law  

The Supreme Court vacation bench of Justice Adarsh Kumar Goel and Justice UU Lalit on Friday contemplated on the constitutional validity of section 73CA of the Maharashtra Co-operative Societies Act of 1960 in so far as the provision mandates that a person having more than 2 children shall be ineligible for being elected, nominated, appointed, or co-opted, or for being …

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