Bombay High Court

LALIT SOLANKI AND ORSversusDEPUTY REGISTRAR CO OPERATIVE SOCIEITES K/EAST WARD AND ORS

Decided: 24 September 2026
Disposal: Disposed Off

Holding

The Court held that the petitioners must pursue the alternative remedy of revision under Section 154, and therefore stayed the operative part of the disqualification order for four weeks.

Summary

The petitioners, Lalit Solanki and others, challenged a order dated 16 September 2026 by the Deputy Registrar of Co‑operative Societies K‑East Ward that disqualified the entire managing committee of their society under Section 154B‑23(1)(iii) of the Maharashtra Co‑operative Societies Act for not furnishing documents required under Section 154B‑8. The petitioners argued that they were ready to provide the documents and had invited the respondent to inspect them. The Court observed that the petitioners have an alternative statutory remedy of filing a revision under Section 154 of the Act. Consequently, the Court directed the petitioners to pursue that remedy but granted an interim stay of the operative part of the disqualification order for four weeks to allow document inspection. The stay was conditioned on the respondents conducting the inspection within that period. The writ petition was thereafter disposed of.

Issues considered

Whether the Deputy Registrar's order disqualifying the managing committee is maintainable in a writ petition.
Whether the petitioners have an alternative remedy of revision under Section 154 of the Maharashtra Co‑operative Societies Act.
Whether an interim stay of the disqualification order can be granted pending revision.

Legislation cited

Maharashtra Co-operative Societies Act, 1960 — s. 154, 154B-23(1)(iii), 154B-8

Subjects

co-operative societies
disqualification
revision
interim stay
Maharashtra Co-operative Societies Act
writ petition
document inspection

Judgment

Renuka Thakur                                              904-WP-12685-2026.docx


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                      WRIT PETITION NO. 12685 OF 2026
Lalit Solanki and Ors                                 ...Petitionerss
                      V/s.

Deputy     Registrar   Co   Operative                 ...Respondents
Socieites K/East Ward and Ors
                            ________________
Mr. Karl Tamboly with Mr. Adil Parsurampuria with Mr. Atul Mishra
i/bMr. Aditya Lele for Petitionerss.
Mr. D. V. Saroj for Respondent No. 2.
Mr. Y. D. Patil, AGP for Respondent-State.
                                 ________________
                                          CORAM: SANDEEP V. MARNE, J.
                                           DATED: 24 SEPTEMBER 2026.


P.C.:


1)               By this Petition, Petitioners have challenged order dated 16
September 2026 passed by the Deputy Registrar of Co-operative
Societies, K-East Ward, Mumbai (Deputy Registrar) disqualifying the
entire managing committee under provisions of Section 154B-23 (1) (iii)
of Maharashtra Co-operative Societies, Act, 1960 (MCS Act) on the
ground of failure on the part of the managing committee to furnish
copies of demanded documents as per provisions of Section 154B-8 of
the Act. There is a alternate remedy of revision against the order dated
16 September 2026 under Section 154 of the MCS Act. In my view,
therefore, the Petitioners need to adopt alternate remedy of revision.

                                     Page No.1 of 2
                                  24 SEPTEMBER 2026
                          Renuka Thakur                                                 904-WP-12685-2026.docx




                          2)              Mr. Tamboly, the learned counsel appearing for the
                          Petitioners submits that the entire managing committee of the society is
                          disqualified by the impugned order and that the society is at an advance
                          stage of redevelopment of its building . He submits that Petitioners have
                          shown willingness to furnish the demanded documents and had called
                          upon Respondent No. 2 vide letter dated 3 July 2026 and 9 July 2026 to
                          inspect the documents. He further submits that the society is willing to
                          give inspection of documents to Respondent at any time as per his
                          convenience.


                          3)              Petitioners would be at liberty to file Revision against order
                          dated 16 September 2026. With a view to enable the Petitioners to press
                          interim stay against order dated 16 September 2026 and in view of
                          willingness indicated by the Petitioners to grant inspection of
                          documents, the operative part of order dated 16 September 2026 is
                          stayed for a period of four weeks. In the meantime, it would be open for
                          Respondent No. 2 to conduct inspection of documents in the office of the
                          society.


                          4)              With he above directions, Writ Petitions is accordingly
                          disposed of.


                                                                                [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                               Page No.2 of 2
Designation: PA To Honourable Judge                         24 SEPTEMBER 2026
Date: 24/09/2026 17:23:10

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