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Bombay High Court

SHAILAJA GIRISH GASTEversusTHE DEPUTY REGISTRAR CO OPERATIVE SOCIETIES THANE CITY AND ORS

Decided
Disposal
Disposed Off

Holding

The communication was in accordance with Section 81 of the Maharashtra Co‑operative Societies Act, 1960 and the writ petition is dismissed.

Summary

Shailaja Girish Gaste, an authorised officer of Cielo Co‑operative Housing Society, filed a writ petition challenging a communication dated 20 July 2026 sent by the District Special Auditor to the Senior Police Inspector, which sought criminal action based on an audit report under Section 81 of the Maharashtra Co‑operative Societies Act, 1960. The petitioner contended that the auditor was beyond its competence and that she was not the authorised officer during the alleged period of misappropriation. The Court examined the provisions of Section 81(1)(a), 81(3)(b) and 81(5B), which empower the Registrar and the auditor to direct investigations and lodge FIRs where fraud is suspected. Finding that the communication was made pursuant to the statutory audit report and fell within the auditor’s statutory powers, the Court rejected the petitioner's contentions. The petition was dismissed, leaving the petitioner free to pursue any remedies if an FIR is eventually registered.

Issues considered

  • Whether the District Special Auditor’s communication to the police under Section 81 of the Maharashtra Co‑operative Societies Act, 1960 is within its statutory competence.
  • Whether the petitioner was an authorised officer during the period of alleged financial defalcation, affecting the validity of the audit findings.
  • Whether the writ petition challenging the auditor’s communication is maintainable.

Legislation cited

Subjects

  • audit
  • co‑operative societies
  • financial defalcation
  • Section 81
  • FIR
  • writ petition
  • government servant
  • auditor's powers

Judgment

NISHA                      Digitally signed by
                           NISHA SANDEEP
SANDEEP                    CHITNIS
                           Date: 2026.09.05
CHITNIS                    13:59:48 +0530
                                                                       6-wp.11139.2026.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO.11139 OF 2026

                Shailaja Girish Gaste                           ...Petitioner
                     Versus
                The Deputy Registrar
                Co-operative Societies, Thane City and Ors.     ...Respondents

                Mr. Aniesh S. Jadhav with Mr. Rushikesh Kekane, Ms. Nikita Kaushik
                and Ms. Amisha Lolusare for the Petitioner.

                Mr. Karan S. Thorat, ‘B’ Panel Counsel for the Respondent Nos.1, 3
                and 4-State.

                                                 CORAM: BHARATI DANGRE &
                                                        ASHISH S. CHAVAN, JJ.

                                            DATE      : 31st AUGUST 2026
                P.C. :

                1.          The petitioner raises a challenge to the impugned

                communication dated 20th July 2026 issued by the District Special

                Auditor, Class-1, Co-operative Societies, Thane, i.e. respondent No.2,

                addressed to the Senior Police Inspector, Kasarvadavali Police Station,

                pursuant to the audit enquiry conducted by Mr. Suhas Kamble,

                Auditor, Class-1, and the report submitted by him on 10 th April 2023.

                The said communication records that there was financial defalcation


N. S. Chitnis                                                                         1/6
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                during the tenure of the authorised officer and that, therefore, the

                Deputy Registrar, Co-operative Societies, Thane City, by his

                communication dated 29th April 2026, directed respondent No.2 to

                take necessary steps in that regard. Pursuant thereto, respondent No.2

                addressed the communication dated 20th July 2026 to the Senior Police

                Inspector, Kasarvadavali Police Station, requesting that appropriate

                action be taken, as the conduct of the petitioner, who was named in

                the said report, had resulted in financial defalcation and she is an

                authorised officer, therefore a Government servant.



                2.         The learned counsel for the petitioner submits that the

                impugned communication is beyond the competence of the respondent

                No.2 and this submission, we must out rightly reject. On reading of

                the communicated dated 20th July 2026, it is seen that a Special Audit

                was conducted for Cielo Co-operative Housing Society Ltd., Thane,

                under the directions of the Deputy Registrar, Co-operative Societies,

                under Section 81 of the Maharashtra Co-operative Societies Act, 1960

                (‘MCS Act’). The Auditor, Class-1, submitted his report under Section


N. S. Chitnis                                                                        2/6
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                81(3)(b)   on   10th   April   2023,   and   it   mentioned   that    the

                misappropriation had taken place during the tenure of the authorised

                officer and directions were issued that criminal proceedings be

                initiated in this regard. The Deputy Director, Co-operative Societies,

                by his communication of 29th April 2026, directed the District Special

                Auditor, Class-1, Co-operative Societies, Thane, to take appropriate

                steps and by exercising the power conferred upon him and in the wake

                of the power conferred to lodge a report under Section 81(5B), a

                complaint has been lodged which is yet to be taken cognizance of by

                the concerned Police Station. A perusal of Chapter VIII of the MCS

                Act, pertain to Audit, Inquiry, Inspection and Supervision.          It is

                indicated that the Society shall cause to be audited its accounts as

                directed under Section 81(1)(a) by an auditor from the panel prepared

                by the Registrar and approved by the State Government or an

                authority authorised by it in this behalf, possessing required

                qualifications and experience and such report of the auditor shall be

                furnished to the Society, the audit being directed to be carried out as

                per the auditing standards notified by the State Government from time


N. S. Chitnis                                                                         3/6
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                to time.

                            For the purpose of conducting such audit, it is imperative

                for the Society and its members to permit the auditor to have access to

                all the books, accounts, documents, papers, securities, cash and other

                properties belonging to, or in the custody of, the Society, and any

                person being summoned on the ground that he/she is in possession or

                responsible for the custody of any such books, it will be imperative to

                follow the said directions. If the Registrar has reason to believe that

                there exists    an   element    of fraud, mis-application of funds,

                manipulation of the accounts and the accounts of the Society are likely

                to be tampered with, then it is competent to depute a Flying Squad to

                a Society or Societies for examination of such documents as are

                necessary and the report of the Flying Squad shall be treated as

                sufficient evidence for further action, if any.

                            The auditor upon carrying the audit shall submit a report

                to the Society and to the Registrar, in terms of Section 81 (5B) on the

                accounts examined by him and act on the basis of the balance sheet

                and profit and loss account. However, if the auditor comes to a


N. S. Chitnis                                                                       4/6
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                conclusion in his audit report that any person is guilty of any offence

                relating to the accounts or any other offences, he shall file a specific

                report to the Registrar and the auditor concerned, after obtaining

                written permission of the Registrar, file a First Information Report of

                the offence. The said proviso also mandate that the auditor who fails

                to file the First Information Report, shall be liable for disqualification

                and his name shall be liable to be removed from the panel of auditors

                and he shall also be liable for any other action as the Registrar may

                think fit.



                3.           In light of the aforesaid specific provision as contemplated

                under Section 81, we find that the impugned communication dated

                20th July 2026 addressed by the District Special Auditor, Class-1, Co-

                operative    Societies,   Thane,   to   the   Senior   Police   Inspector,

                Kasarvadavali Police Station, is in tune with the said provision. Though

                the learned counsel for the petitioner has vehemently asserted before

                us, certain points indicating that the petitioner was not the authorised

                officer during the relevant period and the accusation as regards fraud


N. S. Chitnis                                                                          5/6
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                against her is not established, in our view, this is not the stage, when

                we would indulge into the same, as we find that the invocation of the

                power in issuing the impugned communication, is based upon the

                Report under Section 81. For this reason, we dismiss the writ petition.

                              Though the learned counsel for the petitioner makes a

                categorical statement that the petitioner has paid the entire disputed

                amount to the Society, which is alleged to be defaulted, it would be

                for the petitioner to demonstrate the same, as and when the FIR is

                registered.

                              Needless to state, we leave it open to the petitioner to avail

                of such remedies as may be available in law, in the event an FIR is

                registered.

                              Writ Petition stands disposed of accordingly.




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




N. S. Chitnis                                                                            6/6


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