Bombay High Court

SUJIT MOHANTYversusTHE STATE OF MAHARASHTRA THROU. SUB REGISTRAR CO-OP SOCIETY AND ANR

Decided: 11 August 2026
Disposal: Disposed off as Withdrawn

Holding

The society is not the custodian of the documents, and the writ petition is disposed.

Summary

The petition filed by Sujit Mohanty sought the production of documents under Section 154B(1) of the Maharashtra Operative Societies Act, 1960, which enumerates the records a society member is entitled to. The petitioner argued that the society had failed to make the documents available, despite his claim that he might be subject to an inquiry under Section 88 of the same Act. The Court examined whether the society is the custodian of such documents and whether the petitioner’s right to them arises automatically. It held that while a member facing an inquiry under Section 88 is entitled to the necessary documents, the society itself is not the custodian of those records. Consequently, the petition was withdrawn and the writ petition was disposed of by the Court.

Issues considered

Whether a society is required to produce documents to a member under Section 154B(1) of the Maharashtra Operative Societies Act, 1960
Whether a member subjected to an inquiry under Section 88 is entitled to obtain those documents from the society

Subjects

Maharashtra Operative Societies Act
Section 154B
Section 88
document production
society member rights
writ petition
civil appellate jurisdiction

Judgment

                             1/1                     15 WP.10089.2026.odt

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO. 10089 OF 2026
Sujit Mohanty                                  .. Petitioner
     Versus
The State of Maharashtra                       .. Respondent
                               …
Mr. Ramchandra Wagh i/by Ms Sheetal K., for the Petitioner.
Mr. Ketan Joshi, ‘B’ Panel Counsel, for the Respondent -State.
                               ...
                  CORAM: BHARATI DANGRE &
                            ASHISH S. CHAVAN, JJ.
                     DATED: 11th AUGUST, 2026

P.C:-

1.      On being confronted with the provision contained in
Section 154B of the Maharashtra Operative Societies Act,
1960, and, in particular, Sub-clause 1, which enlists the
documents to which a member of the Society is entitled to, and
since by the Application preferred by the Petitioner on
05.07.2026, the documents are not available with the Society,
the learned counsel for the Petitioner seek withdrawal of the
Writ Petition.

        Needless to state that, if he has been subjected to any
inquiry under Section 88 of the Act, he is entitled to all the
necessary documents before any action is taken against him,
but definitely, the Society is not the custodian of the
documents.

        The Writ Petition stand disposed of.



(ASHISH S. CHAVAN, J.)                   (BHARATI DANGRE, J.)

Rushikesh

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