• Order u/s 79A of The Maharashtra Co-operative Societies Act 1960

Is an Order issued by the Deputy District Registrar under section 79A and 25A of the Maharashtra Co-operative Societies Act 1960, to remove a person's name from the Register of Members appealable before the Divisional Joint Registrar under section 152 / 154?
Asked 1 year ago in Civil Law from Greater Mumbai, Maharashtra
Yes the decision by the authority to initiate necessary legal action under the provisions of the section referred in the act under the subject shall be appeal-able u/s 152 of this act. What is the background of the case because more proper opinion can be rendered.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. No it is not.

2. It can only be challenged before the High Court. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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1) 25A. REMOVAL OF NAMES OF MEMBERS FROM MEMBERSHIP REGISTER
 The committee of a society shall remove from the register of its members the name of a person who has
ceased to be a member or who stands disqualified by or under the provisions of this Act for being the
member or continuing to be the member of a society :
Provided that, if the society does not comply with the requirement of this section, the Registrar shall
direct such society to remove the name of such person, and the society shall be bound to comply with
such direction.]
2) section 79A (3) provides 

 Where the Registrar is satisfied that any person was responsible for complying with any directions or
modified directions issued to a society under subsections (1) and (2) and he has failed, without any good
reason or justification, to comply with the" directions, the Registrar may by order—
(a) if the person is a member of the committee of the society, remove the member from the committee and
appoint any other person as a member of the committee for the remainder of the term of his office and
declare him to be disqualified to be such member for a period of six years from the date of the order ;

3) Provided that, before making any order under this sub-section, the Registrar shall give a reasonable
opportunity of being heard to the person or persons concerned and consult the federal society to which the
society is affiliated.
Any order made by the Registrar under this section shall be final.]


4) under section 154 revision shall lie to state govt if order is passed by registrar and to the registrar if order passed by any other officer . you have to make an application for calling and examining for the records as under section 79A there is no appeal against the order passed 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
 Sub-section 4 of Section 152 lays down that no
appeal shall lie against any order or decision made under the
Act, save and except where express provision for appeal has
been made. But every order or decision made shall be
 
subject to the revisional jurisdiction. It further lays down that
even an order made in an appeal is subject to revisional
jurisdiction
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0

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