- Case
- SHRI. MASAIDEVI VIVIDH KARYAKARI SAHAKARI SEVA SANSTHA MARYADIT WAREWADI v. THE STATE OF MAHARASHTRA (Supreme Court of India, 02-04-2025)
- Law
- Maharashtra Co-operative Societies Act.
The Maharashtra Co-operative Societies Act, 1960: The judgment discusses Section 4, which pertains to societies that may be registered, emphasizing that a society promoting economic interests or general welfare can be registered, provided it's not economically unsound or adverse to the co-operative movement. The judgment also mentions Section 152, which relates to appeals against the order of the Committee. Section 6, concerning conditions of registration, is discussed, highlighting the requirement of a minimum number of members and economic viability. The court emphasizes that a conjoint reading of Section 4 and Condition No. 1 of Section 6 makes it clear that economic viability is a prerequisite for registration. The judgment states, "Societies which may be registered:— A society, which has as its objects the promotion of the economic interests or general welfare of its members or of the public...may be registered under this Act: Provided that, no society shall be registered if it is likely to be economically unsound".
General Principles of Law: The judgment discusses the principle of *locus standi*, particularly in relation to Respondent No. 6's challenge to the State's order. The court notes that arguments regarding *locus standi* should not restrain interference when there is patent illegality in the State's order. The judgment also touches upon the principle that the State Government's discretion to relax conditions cannot frustrate the very object of the Act. The court notes, "with respect to the locus standi of the respondent no. 6, such an argument by the appellants shall not restrain interference by this Court or the High Court in the matter when there is patent illegality in the State's order".
