Bombay High Court

ASHISH DOODHNATH MISHRA AND ORSversusTHE DIVISIONAL JOINT REGISTRAR OF CO-OP SOCIETIES KONKAN DIVSION AND ORS

Decided: 16 September 2026
Disposal: Disposed Off

Holding

The High Court did not set aside the registrar’s order rejecting the stay but disposed the petition, directing a prompt reconsideration of the revision with reference to the cited judgment.

Summary

The petitioners, Ashish Doodhnath Mishra and others, sought a stay of a June 8, 2026 order that disqualified the entire managing committee of a cooperative society under Sections 75(5) and 82(4) of the Maharashtra Co-operative Societies Act, 1960. The Divisional Joint Registrar rejected the stay application on 12 August 2026, giving a generic finding and ignoring the ratio of the Supreme Court’s decision in Kailash Maheshwari v. State of Maharashtra. The High Court observed that the registrar’s order was procedurally faulty but did not set it aside because an authorized officer had already assumed control of the society’s records on 9 July 2026. The Court directed the registrar to decide the pending revision expeditiously, by 15 October 2026, while giving due regard to the cited judgment. Consequently, the petition was disposed of.

Issues considered

Whether the Divisional Joint Registrar erred in rejecting the stay application without considering the ratio of Kailash Maheshwari v. State of Maharashtra.
Whether a stay of the disqualification order should be granted pending revision.
Whether the disqualification of the managing committee under Sections 75(5) and 82(4) of the Maharashtra Co-operative Societies Act is valid.

Legislation cited

Maharashtra Co-operative Societies Act, 1960 — s. 75(5), 82(4)

Subjects

cooperative societies
managing committee disqualification
stay of order
revision proceedings
high court jurisdiction
procedural fairness

Judgment

2026:BHC-AS:37879

              Renuka Thakur                                                     25-WP-12063-2026.docx


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                                    WRIT PETITION NO. 12063 OF 2026
              Ashish Doodhnath Mishra and Ors                             ...Petitioners
                                   V/s.

              The Divisional Joint Registrar Of Co-                      ...Respondents
              Op Societies Konkan Divsion and Ors
                                          ________________
              Mr. Rammani Upadhyay for Petitioners.
              Mr. P. G. Sawant, AGP for Respondent-State.
                                               ________________
                                                           CORAM: SANDEEP V. MARNE, J.
                                                            DATED: 16 SEPTEMBER 2026.


              P.C.:


              1)               The Petition challenges order dated 12 August 2026 passed
              by      the     Divisional   Joint       Registrar,      Konkan    Division,     Navi
              Mumbai(Divisional Joint Registrar) rejecting the Application for stay
              preferred by the Petitioners. Petitioners had prayed for stay of order
              dated 8 June 2026 passed by the District Deputy Registrar where the
              entire managing committee was disqualified under provisions of Section
              75 (5) and 82 (4) of the Maharashtra Co-operative Societies Act, 1960
              (MCS Act).


              2)               I am not impressed by the manner in which the Divisional
              Joint Registrar has decided the Application for stay. After recording the
              submissions canvassed by the counsel appearing for the Petitioners, the

                                                      Page No.1 of 3
                                                   16 SEPTEMBER 2026
Renuka Thakur                                                       25-WP-12063-2026.docx


Divisional Joint Registrar has rejected the Application for stay by
recording a generalized finding that Petitioners could not canvass any
reasonable justification in respect of their disqualification. It appears
that attention of the Divisional Joint Registrar was invited to judgment
of this Court in Kailash Maheshwari and Ors. V/s State of Maharashtra
and Ors1. The Divisional Joint Registrar was required to take into
consideration the ratio of judgment while deciding the Application for
stay. It was also specifically urged before the Divisional Joint Registrar
that the alleged inaction in respect of audit rectification report is during
the period of earlier managing committee. However, even this objection
is not taken into consideration by the Divisional Joint Registrar. The
order dated 12 August 2026 passed by the Divisional Joint Registrar is
clearly faulty and this Court would have set aside the same. However, it
appears that the Authorized Officer appointed as a consequence of
disqualification of entire managing committee has already taken over the
charge of records of the society on 9 July 2026. It is only on this count
that this Court is not setting aside the order dated 12 August 2026
though the same is found to be perfunctory.


3)               The Divisional Joint Registrar shall, however, proceed to
decide the pending Revision in an expeditious manner preferably before
15 October 2026. While deciding the Revision Application, the Divisional
Joint Registrar shall have due regard to the ratio of the judgment in this
Court in Kailash Maheshwari (supra). He shall take into consideration
the grounds urged on behalf of the Petitioners.



1    Writ Petition No. 10587 of 2025 decided on 25 September 2025

                                            Page No.2 of 3
                                         16 SEPTEMBER 2026
                          Renuka Thakur                                                25-WP-12063-2026.docx


                          4)              With the above observations, the Petition is disposed of.


                                                                               [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                              Page No.3 of 3
Designation: PA To Honourable Judge                        16 SEPTEMBER 2026
Date: 17/09/2026 10:55:59

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