1) The common issue that arises for consideration in the Review
Petition and the Writ Petition is the authority before whom the Revision
Application would lie when the order sought to be revised is passed by
the District Deputy Registrar in exercise of delegated power of a
Registrar. Whether such revision would lie before the Divisional Joint
Registrar or before the State Government? Since the Review Petition and
the Writ Petition arise out of the same proceedings and involve same
question for determination, they are taken up for analogous hearing and
decision.
2) Briefly stated, facts of the case are that of elections to the
managing committee of Swayambhu Vividha Karyakari Seva Sahakari
Sanstha Maryadit (Society) were held and result were declared on 15
April 2022. Petitioners in Writ Petition No.14371 of 2022 were declared
elected and the committee was constituted. Mr. Nilesh Jagptap
(Petitioner in WP No. 2009 of 2025), who was one of the defeated
candidates, filed a complaint with the District Co-operative Election
Officer seeking disqualification of the elected members on the ground
that they had failed to lodge accounts of election expenditure. By Order
dated 15 November 2022, the District Deputy Registrar-cum-District Co-
operative Election Officer disqualified the elected members under Rule
66 of the Maharashtra State Co-operative Societies (Election to
Committee) Rules, 2014 (MCS Election Rules). Writ Petition No. 14371 of
2022 was filed challenging the Order dated 15 November 2022 by the
elected members. The Petition was opposed by Mr. Nilesh Jagtap inter
15 July 2026
Megha 904_wp_2009_2025 with rpwst_29430_25_fc.odt
alia on the ground of availability of alternate remedy of filing revision
under Section 154 of the Maharashtra Co-operative Societies Act, 1960
(MCS Act).
