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
- Maharashtra Co-operative Societies Act, 1960 — s. 77A, 77A(1)(ii)
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
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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
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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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