Introduction[1]

In India, we have a three-tiered legal system. The Hon’ble Supreme Court of India, as well as the District Courts, High Courts. The District Courts are sometimes known as the Trial Courts or the Lower Courts. In some states, however, the High Courts also try cases with Original Jurisdiction. The Courts of Record are another name for the High Courts. The Supreme Court of India is the country’s highest court. Depending on which Court’s Order is being challenged, an appeal, review, or revision can be filed in any of the three courts, namely the District Courts, High Courts, and the Hon’ble Supreme Court of India.

The facts and circumstances of a particular case, as well as the legal question at hand, are crucial in determining whether or not to challenge a decision under one of the three jurisdictions: appeal, review, or revision. The law of appeal, review, and revision is governed by a number of statutes.

The following are the most important grounds for appeal:

The lower court:

(i) failed to appreciate or re-appreciate the evidence on the record; and

(ii) went beyond its jurisdiction.

The contested Order is

(i) perverse;

(ii) defective in law;

(iii) contains a major legal error, and so on.

Appellate Court[2]

The Maharashtra State Co-operative Appellate Court is hereby established to exercise the powers and perform the functions delegated to it by or under this Act.

The Cooperative Appellate Court shall be composed of the President and such other members as the State Government may deem necessary from time to time, who possess the qualifications that may be required. The President and other members shall hold office for the specified time or periods, as the case may be.

The State Government shall fill any vacancy in the membership of the Cooperative Appellate Court.

Any of the Co-operative Appellate Court’s duties and functions may be exercised and discharged by any of its members sitting alone or in Benches, as defined by the President.

These Benches must have two or more members.

When a subject is heard by an odd number of members comprising a Bench, the majority view takes precedence, and the decision is made in line with the majority opinion. When an even number of members are heard on an issue, the president’s opinion shall prevail; in all other circumstances, the matter shall be sent to the President for hearing, and the matter shall be settled in accordance with his decision.

The Cooperative Appellate Court shall create regulations, compatible with the requirements of this Act and rules made thereunder, for controlling its procedure and the disposition of its business, subject to the prior approval of the State Government.

Regulations adopted pursuant to this section must be published in the official Gazette.

The Cooperative Appellate Court may request and study the record of any hearing in which an appeal is filed, in order to determine the validity or propriety of any decision or order made. If the Cooperative Appellate Court believes that any such decision or order should be changed, cancelled, or reversed, the Cooperative Appellate Court may make any order it deems appropriate.

When an appeal or application is made to the pending the appealers’ decision, as may be essential for the ends of justice or to prevent the Co-operative Appellate Court’s process from being abused.

The Co-operative Appellate Court’s ruling on appeal, or in revision under sub-section (9), or in review under section 150, is final and conclusive, and may not be challenged in any Civil or Revenue Court.

The President and other members of the Maharashtra State Co-operative Tribunal who served immediately before the Maharashtra Co-operative Societies (Third Amendment) Act, 1973, shall be deemed to be the President and other members of the Maharashtra State Co-operative Appellate Court constituted for the purposes of this Act, and all appeals and other proceedings pending before the said Tribunal shall be heard and decided by the said Appellate Court.

Anything done or any action taken by the said Tribunal including any decisions passed or rules imposed shall be assumed to have been done or taken by the said Court, and shall remain in effect until duly changed or cancelled.

With effect from the commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 1973, any reference to the said Tribunal in any statute or instrument now in force shall be read as a reference to the said Court.

Review of orders[3]

The Cooperative Appellate Court may examine its own order in any instance, either on the Registrar’s request or on the request of any party interested, and pass whatever order it believes is appropriate.

Unless the Cooperative Appellate Court is satisfied that there has been the discovery of new and important matter of evidence, which after due diligence was not within the knowledge of the applicant or could not be produced by him at the time when its order was made, or that there has been some mistake or error apparent on the face of the record, or for any other sui generis reason, no such application made by the party interested shall be entertained.

Furthermore, no such order shall be amended or revised until the parties involved have been given notice to appear and be heard in support of the order.

Any party may file an application for review under the preceding subsection within 90 days of receiving notice of the order of the Cooperative Appellate Court.

Cooperative Appellate court to have power of civil court

The Co-operative Appellate Court shall have the same powers as a Court in exercising the functions conferred on it by or under this Act, including:

(a) proof of facts by affidavit,

(b) summoning and enforcing the attendance of any person and examining him on oath,

(c) compelling discovery or the production of documents, and

(d) issuing commissions for the examination of witnesses.

Any official appointed by the Cooperative Appellate Court in this regard may administer the oath to the deponent in the instance of any such affidavit.

Appeal[4]

An appeal may be filed against an order or decision made under sections 4, 9, 11, 12, 13, 14, 17, 18, 19, 21 A, 29, 35, 77 A, 278, 79, 88, and 105, including an order to pay compensation to a society.

If made or sanctioned or approved by the Registrar, or the Additional or Joint Registrar on whom the Registrar’s powers are conferred, an appeal shall lie to the State Government; if made or sanctioned or approved by any person other than the Registrar, or the Additional or Joint Registrar on whom the Registrar’s powers are conferred, an appeal shall lie to the State Government.

If this Act provides for an appeal to the Co-operative Appellate Court against an order or decision, the appeal must be filed with the Co-operative Appellate Court.

An appeal under sub-section (1) or (2) must be lodged within two months of the date on which the order or decision was communicated.

No appeal shall lie against any order, decision, or award made in accordance with the provisions of this Act, except as expressly provided; and every such order, decision, or award shall be final, whether expressly provided or not, but shall always be subject to the revision provisions of this Act.

In Bombay High Court, Prabhu Shriram Sahakari Dudh vs The State of Maharashtra [1999 (3) BomCR 20, 1999 (1) MhLj 619][5], the Court order was there are no limitations on the number of societies that can be registered in this section. There is nothing wrong with the local MLA moving in and representing the villagers’ case for the registration of a society in the village.

In Bombay High Court, Ravindra V. Gaikwad & Others v/s State of Maharashtra & Others [ writ petition no. 3298 of 2001][6], the court states that thesection 152 (1) of the act, an appeal against a section 78 order or decision must be filed with the state government, and must be heard and decided by the state government or the authority to which the state government has delegated such powers under the rules of business, taking into account the provisions of article 166(3) of the Indian constitution.

Appeal against rejection of nomination paper at election

A person aggrieved by the rejection of a candidate’s nomination at the election of a committee of any society, other than a society specified by or under section 73G, may file an appeal to the Registrar within three days of the date of the rejection of the nomination, notwithstanding anything contained in this Act or the rules or bye-laws made thereunder. The Registrar shall dispose of such appeal within ten days of receipt of such appeal, and the Registrar’s decision in such appeal shall be final, with no further appeal or revision allowed against the Registrar’s decision.

In Bombay High Court, Bhaiyyaji Sitaram Kannamwar vs Assistant Registrar and Ors [2002 (3) BomCR 631][7], The petitioner is a member of Vividh Sahakari Sewa Sahakari Sanstha Limited, Pipartola, Taluka Amgaon, District-Gondia, according to the circumstances of the case. The society approved a resolution requesting that the election be held by the Assistant Registrar, Co-operative Society, Amgaon, and the Assistant Registrar instructed the society to nominate a Returning Officer. Both the petitioner and the respondent were members of the aforementioned society when they submitted their nomination forms. The Returning Officer, on the other hand, rejected the respondent’s nomination applications because they were defaulters. However, in the respondent’s appeal, the court issued an order allowing the appeals and instructing the Election Officer to insert the respondent’s name in the list of valid candidates. The petitioner is contesting the order in question. order of the Assistant Registrar, and in my opinion, as the petitioner has an alternative remedy in the form of an election petition, the writ petition under Article 226 of the Indian Constitution cannot be accepted at this time, especially since the election is to be held soon.

Extension of period of limitation by appellate authority in certain cases

If an appeal may be made against a decision or order within a specific period under this Act, the appellate authority may admit an appeal after that period has expired if the appellant convinces the appellate authority that he has adequate grounds for not filing the appeal within that period.

an application for review is heard, the petition will be dismissed as infructuous.

Revision[8]

The action of reviewing, especially critically or carefully examining or perusing with the goal of correcting or improving, is known as revision.

Revisional Jurisdiction prevents the High Court from intervening and correcting factual or legal errors. Even if the order is correct or incorrect, or if it is in compliance with the law or not, the high Court has no competence to intervene unless the subordinate court has used its jurisdiction illegally or with serious irregularity.

Revision powers of State Government and Registrar 

The State Government or the Registrar may call for and examine the record of any inquiry or proceedings of any matter, other than those referred to in sub-section (9) of section 149, where any decision or order has been passed by any subordinate officer and no appeal lies against such decision or order, for the purpose of satisfying themselves as to the legality or propriety of such decision or order, and as to the regularity of such decision or order, suo motu or on an application.

In Bombay High Court, Sayeeda Gulamrasul Sayed & Ors. Vs. State of Maharashtra & Ors, [2015 (3) Bom. C.R 409][9], petition to direct a registrar to a common general body meeting to determine which of the developers has the permission of more than 70% of the society’s members. The high court ruled that the AR acted on the CEO’s behalf and just conveyed the CEO’s decision to the chief promoter of society. The AR has yet to make a stand-alone decision. This action cannot be considered a decision under the MCSA, preventing the DJR from hearing a challenge to it.

Analysis

The court’s power is determined by the circumstances. It is also dependent on the circumstances. The powers are distinct in that they are dealt with by the courts in different ways and according to different criteria in both circumstances.

Although Appeal, Revision, and Review are all related, there are some differences between them. Review is to correct any error in an order that has a negative impact on a party’s interests. The decision is reviewed by the same court and judge while Revision used for any illegality, irregularity, or impropriety brought to the attention of the High Court gives the High Court the authority to examine the documents relating to the any order or procedures, and the High Court can correct it while appeal is use to re-examine factual and legal issues, and possibly re-appreciate evidence The first appellate court’s powers are coextensive with those of any other court’s civil court of original jurisdiction.

By- Divisha Srivastava

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[1] Ishita Manot, “Analysis of Maharashtra Co-operative Society Act, 1960”, IPleaders, (2021)

[2] Aarchie Chaturvedi, “Review, Appeal and Revision: All you need to know about it”, IPleaders, (2020).

[3] Anonymous, “Difference between Appeal, review and revision in civil cases”, Shonee Kapoor, (2021).

[4] Sunil Dighe, “The Maharashtra Co-Operative Societies Act, 1960”, 1.339, 2019.

[5] Prabhu Shriram Sahakari Dudh vs The State of Maharashtra [1999 (3) BomCR 20, 1999 (1) MhLj 619]

[6] Ravindra V. Gaikwad & Others v/s State of Maharashtra & Others [ writ petition no. 3298 of 2001]

[7] Bhaiyyaji Sitaram Kannamwar vs Assistant Registrar and Ors [2002 (3) BomCR 631]

[8] Anupam, “Reference, Review, Revision”, Legalserviceindia.

[9] Sayeeda Gulamrasul Sayed & Ors. Vs. State of Maharashtra & Ors, [2015 (3) Bom. C.R 409]

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