GHANSHYAM SITARAM BIDAWATKAversusTHE DEPUTY REGISTRAR OF C0-OP SOCIETIES / SOUTH WARD MUMBAI AND ORS

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                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                         CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO. 11563 OF 2026


                    Ghanshyam Sitaram Bidawatka                         … Petitioner
                             Versus

                    The Deputy Registrar Of C0-Op
                    Societies / South Ward Mumbai And Ors.              … Respondents


                                                      WITH
                                   INTERIM APPLICATION (ST) NO. 27023 OF 2026
                                                          IN
                                        WRIT PETITION NO. 11563 OF 2026

                    Sharad Patel                                        … Applicant
                    IN THE MATTER BETWEEN

                    Ghanshyam Sitaram Bidawatka                         … Petitioner
                             Versus

                    The Deputy Registrar Of Co-Op
                    Societies / South Ward Mumbai And Ors.              … Respondents



                    Mr. Niraj Bidawatka for Petitioner.
                    Mr. Y. D. Patil, AGP for Respondent.
                    Mr. H. S. Anand, for Intervenor (Prasad Babu Shetty and Babu Shetty)



                                                    CORAM        : SANDEEP V. MARNE, J.

                                                    DATE         : 11 SEPTEMBER 2026.

        Digitally
        signed by
        MANE
MANE SONALI
SONALI DILIP
DILIP  Date:
       2026.09.16
        11:58:15
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P.C. :


1)            The Petitioner is a serial litigant and has filed a spree of
litigations particularly with regard to the desolution of the Managing
Committee of the society vide the Order dated 21 April 2026. This is the
third Petition filed by him challenging the Order dated 21 April 2026.


2)            The Petitioner was elected as a member of the Managing
Committee for the term 2022-2027. The total strength of the Managing
Committee as per the Bye-laws is 13, comprising of 8 open category
members, two women members and three reserved category members.
In the elections held in the year 2022, only seven members came to be
elected unopposed under the open category, including the Petitioner.
One open category post remained unfilled on account of non-filing of
nomination for that seat. The other five reserved category seats also
remain vacant. Out of the seven elected committee members, three
committee members viz Shri. Babu Shetty, Shri. Prasad Shetty and
Shri. Santosh Singh tendered their resignations on 17 September 2023.
This reduced the strength of the Managing Committee to only four
members. Accordingly, in exercise of powers under Section 77A(b-1) of
the Maharashtra Co-operative Societies Act, 1960 (in short "MCS Act"),
the Deputy Registrar of Co-operative Societies, R South Ward Mumbai,
(Deputy Registrar) passed order recording existence of stalemate in the
management of the society on account of reduction of strength of the
committee below statutorily required minimum threshold of two third
members. He accordingly proceeded to appoint Shri. Sham Darekar, a
Certified Auditor, as the Authorised Officer for the purpose of looking
after day-to-day affairs of the society and for conduct of elections. In


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the Order dated 21 April 2026, there were typographical errors in
recording the total number of elected managing committee members as
‘eight’ instead of correct position of ‘seven’, as well as in respect of
number of functional members as ‘five’ instead of recording the correct
figure of ‘four’. Accordingly, by the Corrigendum dated 5 May 2026,
necessary corrections were effected in the Order dated 21 April 2026.


3)            The Petitioner got aggrieved by Order dated 21 April 2026 and
filed Writ Petition No. 5706 of 2026, which came to be disposed of by
this Court by Order dated 27 April 2026, relegating him to the remedy
of appeal under Section 152 of the MCS Act. Accordingly, the Petitioner
has preferred appeal before the Divisional Joint Registrar against Order
dated 21 April 2026, which is pending.


4)            Despite pendency of the Appeal, the Petitioner was advised to
file Writ Petition No. 9497 of 2026, once again challenging the Order
dated 21 April 2026. Noting that the Appeal is still pending and that the
issuance of Corrigendum could not have been a reason for once again
filing a fresh Petition, this Court disposed of Writ Petition No. 9497 of
2026 by its Order dated 28 July 2026.


5)            Now a third approach to this Court is made by filing the
present Writ Petition once again challenging Order dated 21 April 2026
and Corrigendum dated 5 May 2026. The Appeal against the Order
dated 21 April 2026 is still pending and the Petitioner is filing multiple
Petitions before this Court challenging that order. Filing of the present
Petition is thus gross abuse of process of law, warranting imposition of
exemplary costs on the Petitioner.

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6)            Apart from filing three petitions challenging the same order,
this court notices yet another disturbing fact in the present case. While
challenging the order dated 21 April 2026 by filing three different Writ
Petitions and an appeal before the Divisional Joint Registrar, the
Petitioner has filed Writ Petition No. 10067 of 2026 on 29 July 2026
before the Division Bench for expeditious conduct of elections post
dissolution of the Managing Committee. In Writ Petition No. 10067 of
2026, the Division Bench has following Order on 3 September 2026:



              1.      In the whole conundrum before us, with the claim to establish
              one-upmanship in the conduct of the affairs of the Society, we are
              informed that, on 31.08.2026, the Deputy Registrar, Co-operative
              Societies, has exercised the power under Section 77A(4) of the
              Maharashtra Co-operative Societies Act, 1960, and appointed a three-
              member Board of Administrators. The management of the Society is now
              in the hands of the said Board, and the Deputy Registrar has issued
              directions that the Board of Administrators shall take necessary steps for
              the constitution of the new Managing Committee by following the due
              process of election.

              2.       Today, we are on 03.09.2026, and barely two days have passed
              since the Committee took charge. In the wake of the appointment of the
              Board of Administrators, it is open to them to seek all documents that
              are necessary, including the I and J Register and, if at all, the election is
              directed to be conducted, it shall start with the preparation of a
              provisional voters’ list. If such a list is already published, it shall afford
              an opportunity to all the stakeholders to raise their objections to the said
              list, and if some names are wrongly included or some names are not at
              all included, after following an appropriate procedure before the list is
              finalized, all the stakeholders shall be afforded an opportunity of
              hearing. We also permit the Committee to record statements of the of
              the erstwhile members, so as to ascertain where the records of the
              Society are lying, as some crucial documents which are necessary for
              ascertaining the membership of the Society are found to be missing.

                    Within a period of two weeks from today, we expect some steps to
              be taken by the Board of Administrators, and an affidavit be placed
              before us in that regard.

                    List on 01.10.2026.




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7)            Thus, by seeking expeditious conduct of elections by filing
Writ Petition No. 10067 of 2026, the Petitioner has in fact acquiesced in
the Order dated 21 April 2026. Since he desires expeditious conduct of
elections pursuant to the dissolution of the earlier Managing
Committee, he cannot simultaneously maintain challenge to the
dissolution of the managing committee. He cannot blow hot and cold.
Once he accepts that the committee is dissolved and that fresh
elections need to be conducted expeditiously, he cannot take a volte
face and keep on filing multiple Petitions/Appeal challenging the
dissolution of the committee. This is yet another factor which makes
the conduct of the Petitioner in filing the present Petition disquieting.


8)            The Petitioner seeks to justify filing of the present Petition on
two factors. Firstly, he submits that the Authorised Officer appointed
vide Order dated 21 April 2026 was illegally changed by the Deputy
Registrar by Order dated 5 August 2026, thereby appointing disqualified
members to be the members of the Authorised Committee. However,
that aspect is no longer relevant since this Court has already set aside
the Order dated 5 August 2026 in Writ Petition No. 10703 of 2026,
decided on 24 August 2026. Here again, Petitioner’s challenge to the
composition of the committee signifies his acceptance to the fact that
the managing committee is validly dissolved. Secondly, the Petitioner
invites the attention of this Court to the Dy. Registrar’s Order dated
31 August 2026, (passed towards implementation of the Order passed
by this Court on 24 August 2026 in Writ Petition No. 10703 of 2026 ) to
demonstrate that one of the persons viz Shri. Kirtish Berde, who was
the part of the Authorised Committee appointed vide Order dated
5 August 2026 is reappointed by the Deputy Registrar. However,

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Petitioner cannot seek to add strength to filing of the present baseless
Petition by relying on subsequent events. The present Petition is filed
by the Petitioner before issuance of the Order dated 31 August 2026.
The Petitioner was not even aware of the Order dated 31 August 2026,
when the present Petition is filed. Therefore, he cannot justify filling of
the present Petition based on his subsequent knowledge in respect of
Order dated 31 August 2026. If there is any error in the Order dated
31 August 2026, the same can be independently agitated. In a petition
filed challenging dissolution of the managing committee, the Petitioner
cannot mix the issue of composition of the temporary committee
appointed for conduct of elections consequent to dissolution of
managing committee. Also, questioning the validity of the order dated
31 August 2026 again signifies Petitioner’s acceptance to dissolution of
the managing committee. In any case passing of the Order dated
31 August 2026 cannot be a reason for justifying filing of third Writ
Petition challenging very same Order dated 21 April 2026.


9)            Ordinarily, this Court would have simply dismissed the
present Petition by imposing costs on the Petitioner for grossly abusing
the jurisdiction of this Court by filing repeated Petitions for same cause
of action. However, at the insistence of the Petitioner, while deciding
the issue of entertainability of the present Petition, this Court is taken
through the merits of the Order dated 21 April 2026. This is done to
obviate any further litigation by the Petitioner in respect of challenge
to the Order dated 21 April 2026. From his past conduct of filing
repeated petitions, this Court can foresee filing of further proceedings
by the Petitioner challenging every small decision of the Divisional
Joint Registrar before whom the Appeal against the Order dated

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21 April 2026 is pending. Since Petitioner desires conduct of elections
post dissolution of the managing committee, it is better that his
challenge to the dissolution order is now put to rest. This Court is
satisfied that the order dated 21 April 2026 is correctly passed by the
Dy. Registrar. There were seven members of the Managing Committee
and three members tendered their resignations on 17 September 2023
reducing the strength of the Managing Committee to less than two-
third. Since there was a stalemate in the committee, the Deputy
Registrar has correctly exercised the powers under Section 77A(b-1) of
the MCS Act for the purpose of appointing Authorised Officer for
looking after day to day affairs of the society and for conduct of
elections.



10)           The learned counsel for the Petitioner submits that one of the
three members viz. Shri. Santosh Singh actually did not tender his
resignation and continued to function as a member of the Managing
Committee well after 17 September 2023. However, Shri. Santosh Singh
has not filed any proceedings denying tendering of resignation or
challenging the finding of the Deputy Registrar about tendering of
resignation. The other two members Shri. Babu Shetty and Shri. Prasad
Shetty are intervenors before me, who have confirmed the factum of
tendering of resignations by them on 17 September 2023. As observed
above Shri. Santosh Singh has not filed any complaint with any
authority complaining that he has not tendered the resignation. In that
view of the matter, the finding recorded by the Deputy Registrar about
tendering of resignations by three members of the committee cannot
be termed as perverse in any manner. In my view therefore, the Order
dated 21 April 2026, as corrected by Corrigendum dated 5 May 2026, is

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perfectly in order and does not warrant any interference. Since the
Order dated 21 April 2026, as corrected by the Corrigendum dated
5 May 2026, is upheld by this Court, the pending appeal filed by the
Petitioner is rendered infructuous and the Divisional Joint Registrar
needs to pass a formal Order recording closure of the said Appeal. This
would halt the limitless spree of litigations by the Petitioner qua the
order dated 21 April 2026.


11)           As observed above, Petitioner has already taken steps for
expeditious conduct of elections in pursuance of Order dated 21 April
2026. The Division Bench of this Court has already issued directions
vide Order dated 3 September 2026. This is yet another reason why
Petitioner cannot be permitted to turn around and question the Order
dated 21 April 2026, as corrected by the Corrigendum dated 5 May 2026.


12)           Accordingly, Order dated 21 April 2026 as well as
Corrigendum dated 5 May 2026 are upheld and confirmed. The
Divisional Joint Registrar shall pass a formal order of closure of
proceedings in the pending Appeal. Writ Petition is accordingly
dismissed. Though, this Court was inclined to impose costs on the
Petitioner, at the request made by his counsel for non-imposition of
costs and since validity of the Order dated 21 April 2026 and
Corrigendum dated 5 May 2026 is determined in this Petition, costs are
made easy.




                                                     [SANDEEP V. MARNE, J.]




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