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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

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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