Bombay High Court
SHILAN THAKERversusTHE DIVISIONAL JOINT REGISTRAT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The revision order dated 17 July 2026 is set aside and the proceedings are remanded to the Deputy Registrar for fresh adjudication.
Summary
The petitioners, Shilan Thaker and others, challenged a revision order dated 17 July 2026 issued by the Divisional Joint Registrar, which had set aside a disqualification order of the Chairman, Secretary and Treasurer of a cooperative society made by the Deputy Registrar under Sections 75(5) and 77A of the Maharashtra Co-operative Societies Act, 1960. The revision was granted on the grounds that the required notice under Section 77A was not posted on the notice board and that the respondents were not given an opportunity of hearing. The High Court held that the revision order was erroneous because the procedural defects could be rectified only by remanding the matter to the Deputy Registrar for fresh adjudication, rather than overturning the original order on merit. Accordingly, the Court set aside the revision order and remanded the proceedings to the Deputy Registrar, allowing parties to file additional pleadings and directing a prompt hearing. The petition was partly allowed and disposed of.
Issues considered
- Whether the notice required under Section 77A of the Maharashtra Co-operative Societies Act, 1960 was duly published on the notice board.
- Whether the respondents were denied a statutory opportunity of hearing before the disqualification order was passed.
- Whether the Divisional Joint Registrar could set aside the original disqualification order on merit or should remand the matter for fresh adjudication.
Legislation cited
- Maharashtra Co-operative Societies Act, 1960 — s. 75(5), 77A
Subjects
- Co-operative societies
- Disqualification of office bearers
- Notice requirement
- Right to hearing
- Revision jurisdiction
- Maharashtra Co-operative Societies Act
Judgment
2026:BHC-AS:39024
Megha 11_wp_12383_2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12383 OF 2026
Shilan Thaker and Anr. ...Petitioners
V/s.
The Divisional Joint Registrar,
C.S.M.D., Mumbai and Ors. ...Respondents
________________
Mr. Yogesh Kokare with Mr. Alok Mishra for the Petitioners.
Mr. Atul Damle, Senior Advocate with Mr. Suhail Shariff, Adv. Afreen
Shaikh, Ms. Renaa Kadam and Mr. Omar Hasmi i/b. M/s. Falcon Legal for
the Respondents.
Mr. P.G. Sawant, AGP for Respondent-State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 23 SEPTEMBER 2026.
P.C.:
1) Petition challenges order dated 17 July 2026 passed by the
Divisional Joint Registrar, Co-operative Societies, Mumbai Division,
Mumbai, (Divisional Joint Registrar) allowing Revision Application
No.201 of 2026 filed by Respondent Nos.5 to 7 and setting aside order
dated 18 March 2026 passed by the Deputy Registrar, Co-operative
Societies, K/W -ward, Mumbai (Deputy Registrar). By order dated 18
March 2026 the Deputy Registrar had disqualified the Chairman,
Secretary and Treasurer of the Society in exercise of powers under
Page No.1 of 3
23 September 2026
Megha 11_wp_12383_2026
Sections 75(5) and 77A of the Maharashtra Co-operative Societies Act,
1960 (MCS Act).
2) The Divisional Joint Registrar has allowed the Revision preferred
by Respondent Nos. 5 to 7 essentially on the ground that a notice under
Section 77A was not published on the notice board. Second reason for
allowing revision is passing of order dated 18 March 2026 without grant
of opportunity of hearing to Respondent Nos.5 to 7. If that was the
position, the Divisional Joint Registrar ought to have remanded the
proceedings to the Deputy Registrar for fresh adjudication after
following procedure under Section 77A of the MCS Act and after granting
opportunity of hearing to Respondent Nos.5 to 7. There was no warrant
for allowing the entire revision on merit and setting aside order dated 18
March 2026 in entirety. The impugned order dated 17 July 2026 passed by
the Divisional Joint Registrar is thus erroneous and deserves to be set
aside. In my view, the proceedings needs to be remanded to the Deputy
Registrar for fresh adjudication.
3) I accordingly proceed to pass the following order:-
(i) Order dated 17 July 2026 passed by the Divisional Joint
Registrar in Revision Application No.201 of 2026 is set
aside.
(ii) Proceedings under Sections 75(5) and 77A of the MCS
Act are remanded to the Deputy Registrar for being
decided afresh.
Page No.2 of 3
23 September 2026
Megha 11_wp_12383_2026
(iii) Parties shall be at liberty to file their additional
pleadings before the Deputy Registrar in remanded
proceedings.
(iv) All rights and contentions of the parties on merits are
expressly kept open to be decided by the Deputy
Registrar.
(v) Parties shall appear before the Deputy Registrar on 12
October 2026 alongwith copy of this order downloaded
from the website of this Court and shall obtain
directions for fixation of dates of hearing in the
remanded proceedings.
(vi) Remanded proceedings shall be decided by the Deputy
Registrar as expeditiously as possible, preferably within
a period of six months, without being influenced by the
findings recorded in earlier orders dated 18 March 2026
and 17 July 2026 passed by the Deputy Registrar and
Divisional Joint Registrar, respectively.
4) With the above directions, the Petition is partly allowed and
disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.3 of 3
Designation: PA To Honourable Judge 23 September 2026
Date: 24/09/2026 11:33:22
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