Bombay High Court
HARSHAL PRAMOD SARFAREversusDEPUTY REGISTRAR CO-OP SOCIETIES MHADA MUMBAI WESTERN SUBURBAN AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed that the Deputy Registrar complete the reconsideration of the disqualification order within three months from the date of the order.
Summary
Harshal Pramod Sarfare filed a writ petition challenging the disqualification of ten managing committee members of a cooperative society, ordered under Section 89A and Section 75 of the Maharashtra Co-operative Societies Act, 1960. The Deputy Registrar had disqualified the members for two years for violations of Sections 75(1)(ii), (vii) and (viii). The order was set aside by the Joint Registrar in a revision proceeding and the matter was remanded for reconsideration on 6 April 2026. The petitioner sought a time‑bound hearing, arguing that the embargo had been lifted and the members were contesting elections. The High Court directed that the reconsideration be completed within three months and ordered the Government Advocate to communicate the direction, thereby disposing the petition.
Issues considered
- Whether the Deputy Registrar should expedite the reconsideration of the disqualification order after it was remanded by the Joint Registrar.
Legislation cited
- Maharashtra Co-operative Societies Act, 1960 — s. 75(1)(ii), 75(1)(vii), 75(1)(viii), 75(5), 89A
Subjects
- Co-operative societies
- Disqualification of managing committee
- Section 89A
- Section 75
- Revision
- Remand
- Expeditious hearing
Judgment
Digitally
signed by
NISHA
NISHA SANDEEP
SANDEEP CHITNIS
8-wp.10716.2026.doc
CHITNIS Date:
2026.09.30
13:26:03
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10716 OF 2026
Harshal Pramaod Sarfare ...Petitioner
Versus
Deputy Registrar Co-operative
Societies, MHADA Mumbai
Western Suburban and Ors. ...Respondents
Mr. V. S. Kapse i/b Mr. Kunal J. Rane for the Petitioner.
Mr. Satyajeet P. Dighe for the Respondent No.1-MHADA.
Ms. Aasma Shah i/b Najmi and Associates for the Respondent Nos.2 to
18.
Mr. Ketan Joshi, ‘B’ Panel Counsel with Mr. M. M. Pable, A.G.P. for
the Respondent No.19-State.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 29th SEPTEMBER 2026
P.C. :
1. It is on the petitioner's complaint that an inquiry was
conducted under Section 89A of the Maharashtra Co-operative
Societies Act, 1960 (MCS Act) against the members of the Managing
Committee of respondent No. 2-Society. The inquiry resulted in an
order being passed on 12th September 2025 by the Deputy Registrar
N. S. Chitnis 1/3
8-wp.10716.2026.doc
Co-operative Societies, in exercise of powers under Section 75(5) of
the MCS Act, thereby disqualifying 10 members of the Managing
Committee, as they were found to have acted in violation of Sections
75(1)(ii), 75(1)(vii) and 75(1)(viii) of the MCS Act, for a period of
two years from the date of passing of the order, and thereby putting an
embargo on they being elected for a period of two years from the date
of passing of the order.
The grievance of the petitioner is that, when the said order
was challenged in Revision, the Joint Registrar, Co-operative Societies,
by order dated 6th April 2026, set aside the said order and remanded
the matter to the Deputy Registrar Co-operative Societies, for
reconsideration/rehearing.
The limited relief sought in the petition is for an
expeditious decision on the said proceedings, pursuant to the remand,
by the Deputy Registrar Co-operative Societies, in a time-bound
manner, as, according to the learned counsel, upon the embargo
having been removed, some of the members again contested the
elections and got themselves elected.
N. S. Chitnis 2/3
8-wp.10716.2026.doc
2. We see merit in the contention advanced. In any event, if
the disqualification order was passed in 2025 and the matter has now
been remanded to the authority for reconsideration by the Appellate
Authority by order dated 6th April 2026, we expect the hearing to be
concluded at the earliest and, in our view, within a period of three
months from today.
Let the learned Government Advocate communicate this
order to respondent No. 1-Deputy Registrar Co-operative Societies,
Mumbai, who shall abide by our directions.
The Writ Petition stands disposed of.
ASHISH S. CHAVAN, J. BHARATI DANGRE, J.
N. S. Chitnis 3/3
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