Bombay High Court
Yogesh Subhash JamdarversusDivisional Joint Registrar, Cooperative Societies, Pune Division, Pune AND ORS
- Decided
- Disposal
- Rejected
Holding
The petition is dismissed as there is no warrant to entertain it; the Divisional Joint Registrar acted within his jurisdiction and the petitioner has not shown sufficient material to justify a longer disqualification.
Summary
The petitioner, Yogesh Subhash Jamdar, challenged a revision order that dismissed his application seeking a longer disqualification of the society’s Chairman and Secretary under Section 75(5) of the Maharashtra Co‑operative Societies Act, 1960. The Deputy Registrar had originally disqualified the officials for two months for allegedly failing to file required documents for the years 2021‑22 to 2023‑24. The petitioner argued that the disqualification period was too short and that the Divisional Joint Registrar should have considered the authenticity of acknowledgments showing the documents were filed. The Divisional Joint Registrar held that there was prima facie evidence of filing but he lacked jurisdiction to assess the authenticity and noted that the disqualification period had already expired. The High Court affirmed that without concrete material proving a violation, the petitioner’s petition could not be entertained and dismissed the writ petition. The Court clarified that any future challenge by the disqualified members would be decided independently of its findings.
Issues considered
- Whether the Divisional Joint Registrar had jurisdiction to entertain a revision seeking an extended period of disqualification under Section 75(5) of the MCS Act.
- Whether the two‑month disqualification imposed by the Deputy Registrar is justified in the absence of concrete evidence of non‑filing of documents.
- Whether an acknowledgment of document filing, without corresponding entries in the registrar’s records, suffices to warrant disqualification of elected officials.
- Whether the High Court should interfere with the order of the Divisional Joint Registrar in this context.
Legislation cited
- Maharashtra Co-operative Societies Act, 1960 — s. 154B-27, 154B-8, 75(5)
Subjects
- Co-operative Societies
- Disqualification
- Section 75
- Revision Application
- Writ Petition
- Administrative Law
- Co-operative Societies Act
Judgment
2026:BHC-AS:39120
Megha 23_wp_12499_2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12499 OF 2026
Yogesh Subhash Jamdar ...Petitioner
V/s.
Divisional Joint Registrar, Co-operative
Societies, Pune Division and Ors. ...Respondents
________________
Mr. Omkar M. Sapre for the Petitioner.
Mr. P.V. Nelson- Rajan, AGP for Respondent-State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 23 SEPTEMBER 2026.
P.C.:
1) Petition challenges order dated 6 May 2026 passed by the
Divisional Joint Registrar, Co-operative Societies, Pune Division, Pune,
(Divisional Joint Registrar) disposing of the Revision Application No.56
of 2026 preferred by the Petitioner against order dated 17 November
2025 passed by the Deputy Registrar, Co-operative Societies, Pune City
(2), Pune. By order dated 17 November 2025 the Deputy Registrar
disqualified the Chairman and Secretary of the Society under the
provisions of Section 75(5) of the Maharashtra Co-operative Societies
Act, 1960 (MCS Act) only for a period of two months.
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2) The Petitioner is aggrieved by disqualification for only two
months and desired disqualification for a longer period and he
accordingly filed revision before the Divisional Joint Registrar. Since the
revision is dismissed, the Petitioner has field the present Petition.
3) I have heard Mr. Sapre, the learned counsel appearing for the
Petitioner and Mr. Nelson-Rajan, the learned AGP appearing for the
Respondent-State and have considered the submissions canvassed by
them.
4) It appears that the Petitioner had initially filed proceedings under
Section 154B-27 of the MCS Act before the Deputy Registrar raising
several grievances against the Managing Committee. In those
proceedings an order came to be passed by the Deputy Registrar on 16
June 2025 directing the Society to follow the provisions of the MCS Act,
Rules, notifications and circulars and to provide to the Petitioner
documents in terms of Section 154B-8 of the MCS Act. It appears that
the Petitioner had simultaneously filed separate complaint under Section
75(5) of the MCS Act seeking disqualification of the Managing
Committee members on the ground of failure to file the statement of
accounts, auditor’s report, rectification reports, minutes of meetings, etc.
in the office of the Deputy Registrar for the years 2021-22 to 2023-24. In
those proceedings the Managing Committee of the Society raised the
defence that the relevant documents were indeed submitted in the office
of the Deputy Registrar. However, the Deputy Registrar recorded a
finding that there was no record of those documents being submitted in
the office of the Deputy Registrar. On this count, the Deputy Registrar
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proceeded to disqualify the Chairman and the Secretary of the Society
for a period of two months under Section 75(5) of the MCS Act. Before
the Divisional Joint Registrar, it appears that cross Revision Applications
are filed both, by the disqualified members as well as by the Petitioner.
The Petitioner was aggrieved by the period of disqualification and
desired disqualification for a longer period. Before the Divisional Joint
Registrar an acknowledgment was produced by the disqualified members
in support of their plea that various documents were filed in the office of
the Deputy Registrar from time to time. Divisional Joint Registrar
recorded a finding that there is prima facie evidence of various
documents being filed by the Managing Committee members. He has
further held that he does not possess jurisdiction to go into the issue of
authenticity of the acknowledgment of the said documents. The
Divisional Joint Registrar has also taken note of the fact that period of
disqualification has already come to an end and accordingly, the revision
preferred by the disqualified members has been disposed of.
5) Considering the above position, I find no reason to interfere in
the impugned order in the Petition filed by the Petitioner. The Divisional
Joint Registrar has acted on the acknowledgment produced before him by
the Society of filing various documents before the Deputy Registrar. If
there is acknowledgment with the Society but if there is no
corresponding entry in the office of the Deputy Registrar, the same
would not ipso facto lead to serious action of disqualification of the
Managing Committee members. For effecting disqualification of elected
members of the Managing Committee, there must be concrete material
on record of violation of Act and Rules. In the present case, it becomes
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difficult to conclude by way of sufficient clarity that there is failure on
the part of the Managing Committee to file documents pertaining to
years 2021-22 to 2023-24.
6) In my view, therefore, there is no warrant for entertaining the
present Petition. Writ Petition is accordingly rejected. It is however
clarified that in the event disqualified members challenge order passed
by the Divisional Joint Registrar, such challenge shall be considered and
decided uninfluenced by the findings recorded by this Court.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.4 of 4
Designation: PA To Honourable Judge 23 September 2026
Date: 24/09/2026 17:32:47
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