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Bombay High Court

MALIKA V. CHAINANANIversusTHE STATE OF MAHARASHTRA THR THE SECRETARY ORS

Decided
Disposal
Disposed Off

Holding

A provisional committee must be appointed under Section 77A(1)(ii) of the Maharashtra Co-operative Societies Act to manage the society’s affairs and conduct elections, and the pending proceedings before the Deputy Registrar are closed.

Summary

The petitioner challenged the Deputy Registrar's failure to act under Section 77A of the Maharashtra Co-operative Societies Act, 1960, after the managing committee's strength fell below the quorum required for valid meetings. The Court found no dispute that a provisional committee was necessary to manage the society's day‑to‑day affairs and to conduct elections. With the parties' consent, a three‑member committee (Mr. K.K. Damani, Dr. Lalit Kanodia, and Mr. Basant Kabra) was appointed under Section 77A(1)(ii). The Court directed that the committee not take major policy decisions, must publish an election programme within one week, and that pending proceedings before the Deputy Registrar be closed. The writ petition was consequently disposed.

Issues considered

  • Whether the Deputy Registrar's inaction under Section 77A of the Maharashtra Co-operative Societies Act warrants judicial intervention.
  • Whether a provisional committee can be appointed under Section 77A(1)(ii) when the managing committee lacks a quorum.
  • What powers and limitations should be imposed on the appointed provisional committee.

Legislation cited

Subjects

  • Co-operative societies
  • Quorum
  • Provisional committee
  • Elections
  • Section 77A
  • Writ petition
  • High Court

Judgment

2026:BHC-AS:39250

              Megha                                                  908_wp_12727_2026


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.12727 OF 2026

              Mrs. Malika V. Chainani                               ...Petitioner

                                V/s.

              The State of Maharashtra and Ors.                    ...Respondents
                                           ________________
              Mr. Swaraj Jadhav with Mr. Vikas Kumbhar for the Petitioner.
              Mr. Karl Tamboly with Mr. Ryan D’souza and Mr. Shivam Laturia i/b. Mr.
              Shivam Laturia for Respondent No.3.
              Mr. Y. S. Khochare, ‘B’ Panel with Dr. D.M. Kapadia, AGP for Respondent -
              State.
                                           ________________


                                                       CORAM: SANDEEP V. MARNE, J.

                                                        DATED: 24 SEPTEMBER 2026.


              P.C.:


              1)      The limited grievance raised in the Petition is that the Deputy
              Registrar, Co-operative Societies G/S Ward, Mumbai, is not taking a
              decision in proceedings under Section 77A of the Maharashtra Co-
              operative Societies Act, 1960.


              2)      I have heard Mr. Jadhav, the learned counsel appearing for the
              Petitioner, Mr. Tamboly, the learned counsel appearing for Respondent
              No.3 and Mr. Khochare, the learned ‘B’ Panel counsel appearing for the


                                                 Page No.1 of 3
                                               24 September 2026
Megha                                                 908_wp_12727_2026


Respondent-State and have considered the submissions canvassed by
them.


3)      There is no serious dispute to the position that the strength of
the Managing Committee has fallen below the one required for
constituting a valid quorum. Therefore, it is necessary that a provisional
committee is appointed under the provisions of Section 77A(1)(ii) of the
MCS Act for looking after day to day affairs of the Society and for the
purpose of holding of elections.


4)      The learned counsel appearing for the parties, after taking
instructions from their respective clients agree that a committee
consisting of following three members can be constituted for the purpose
of looking after day to day affairs of the Society and for the purpose of
holding of elections:-
                         (a)   Mr. K.K. Damani
                         (b)   Dr. Lalit Kanodia
                         (c)   Mr. Basant Kabra


5)        Mr. Tamboly, on instructions, submits that election program
shall be prepared and published as expeditiously as possible, preferably
within a period of one week.


6)      Accordingly, with the consent of the parties, following order is
passed.
               (i)   A committee consisting of following three persons is
                     appointed under Section 77A(1)(ii) of the MCS Act to

                                    Page No.2 of 3
                                  24 September 2026
                          Megha                                                        908_wp_12727_2026


                                                    look after day to day affairs of the Society and for
                                                    conduct of the elections:-
                                                      (a)   Mr. K.K. Damani
                                                      (b)   Dr. Lalit Kanodia
                                                      (c)   Mr. Basant Kabra
                                             (ii)   The Committee appointed shall not take any major
                                                    policy decision.
                                             (iii) The Committee shall conduct elections of the Society
                                                    in an expeditious manner under the aegis of
                                                    Assistant Registrar by publishing election program
                                                    within a period of one week from today.
                                             (iv) Proceedings pending before the Deputy Registrar
                                                    shall be formally closed on account of appointment
                                                    of a Committee as directed above.


                          7)          With the above directions, Writ Petition is disposed of.




                                                                                   [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                                 Page No.3 of 3
Designation: PA To Honourable Judge                            24 September 2026
Date: 28/09/2026 11:04:41


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