Bombay High Court
SINDHU LAXMAN CHAVAN AND ANRversusSTATE OF MAHARASHTRA THR ITS ADDITIONAL CHIEF SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Registrar must take cognizance of the complaint and, if deemed necessary, conduct an inquiry under Section 83, or otherwise provide written reasons for not proceeding.
Summary
The petitioners, members of a cooperative society, complained that five of the fifteen members had lodged a complaint with the Deputy Registrar, Co-operative Societies seeking an inquiry into the society's office bearers, but no action was taken. Under Section 83 of the Maharashtra Co-operative Societies Act, the Registrar is mandated to initiate an inquiry either suo motu or upon application by at least one-fifth of the members. The petitioners argued that the complaint satisfied the one-fifth threshold, obligating the Registrar to act. The High Court held that the Registrar must take cognizance of the complaint and, after scrutiny, decide whether to conduct an inquiry under Section 83, issuing appropriate orders or providing written reasons for inaction. The Court directed the Registrar to decide within three months and ordered the Attorney General to communicate the order. The petition was disposed of.
Issues considered
- Whether the Deputy Registrar, Co-operative Societies, is required to take cognizance of a complaint filed by one-fifth of the members of a cooperative society under Section 83 of the Co-operative Societies Act.
- Whether the failure to initiate an inquiry under Section 83 warrants judicial intervention through a writ petition.
Legislation cited
- Maharashtra Co-operative Societies Act — s. 81, 83
Subjects
- Co-operative Society
- Section 83
- Registrar
- Member complaint
- Writ petition
- High Court of Bombay
- Inquiry
Judgment
1/2 17 WP 11251-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
MANALI
WRIT PETITION NO. 11251 of 2026
MANALI PRASANNA
PRASANNA TILAK
TILAK Date:
2026.09.03
18:52:10
+0530
Sindhu Laxman Chavan and anr .. Petitioners
Versus
State of Maharashtra thru its Addl. .. Respondents
Chief Secretary and ors
…
Mr. Prathamesh S. Phadtare for the petitioners.
Mr.Karan S. Thorat ‘B’ Panel Counsel for the State.
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ
DATED : 2nd SEPTEMBER, 2026
P.C:-
1 The grievance of the petitioners, the members of
respondent no.3 Society is that despite five of its members
making a complaint to the Deputy Registrar, Co-operative
Societies for initiating an inquiry against the office bearers of
the Society, no steps have been taken.
2 The complaints preferred from time to time with
necessary documentary evidence, form part of the petition.
In terms of Section 83 of the Co-operative Societies Act,
the Registrar may suo moto, or on the application
of one-fifth of the members of the Society, or on the basis of
Special Report under the third proviso to sub-section (5B) of
Tilak
2/2 17 WP 11251-26.doc
Section 81, hold an inquiry to the constitution, working and
financial conditions of the Society, either by himself or by
authorising any person in writing.
Upon such an inquiry being initiated, all the office bearers
of the Society are duty bound to comply and render assistance.
3. We are informed that the Society comprises of 15
members and the complaint has been preferred by 5 members
(one member has not signed), but in any case, since the
complaint is made by 1/5th of the members of the Society, it is
imperative for the Registrar to take cognizance thereof. We
therefore, direct the respondent no.2 to take cognizance of the
complaints and on a scrutiny, if he deem it necessary to conduct
an inquiry under section 83, pass appropriate orders. For any
reason, if the complaint could not be entertained, he shall
communicate in writing the reasons for not proceeding with an
inquiry under Section 83.
In any case, we expect this decision to be taken within a
period of three months from today.
Learned AGP to communicate this order to respondent
no.2.
Petition stand disposed of.
(ASHISH S. CHAVAN, J) (BHARATI DANGRE, J.)
Tilak
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