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Bombay High Court

YOGESH SHINDEJIRAO DESAIversusTHE STATE OF MAHARASHTRA THROU. ITS PRINCIPAL SEC. CO-OPERATION AND ORS

Decided
Disposal
Disposed Off

Holding

The appointment of the administrative committee under Section 77A is upheld, but the court directs the committee to commence elections within two weeks.

Summary

The petitioner challenged the order of the Deputy Registrar of Co-operative Societies, Pune, who, under Section 77A of the Maharashtra Co-operative Societies Act, 1960, appointed an administrative committee after resignations created a lack of quorum in the managing committee. The court held that the Deputy Registrar was justified in appointing the committee even though the 30‑day period post‑resignations had not elapsed. However, the court found the order defective for not directing the administrative committee to hold elections for a new managing committee. Relying on the precedent set in Vijay Lakhi v. Minister of Co‑operation, the court directed that elections be commenced within two weeks. The petition was disposed of without costs, with the administrative committee mandated to initiate the election programme promptly.

Issues considered

  • Whether the Deputy Registrar can appoint an administrative committee under Section 77A before the expiry of the 30‑day period after resignations.
  • Whether the order appointing the administrative committee must contain a specific direction to conduct elections within a defined time frame.
  • Whether the failure to include such a direction amounts to contempt of court.

Legislation cited

Subjects

  • Co‑operative societies
  • Section 77A
  • Administrative committee
  • Quorum
  • Elections
  • Contempt of Courts Act
  • Writ petition

Judgment

Renuka Thakur                                            15-WP-12774-2026.docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO. 12774 OF 2026
Yogesh Shindejirao Desai                            ...Petitioner
                    V/s.

The State Of Maharashtra Through Its           ...Respondents
Principal Sec. Co-Operation and Ors
                             ________________
Mr. Anurag R. Mishra i/b Mr. Nitesh Sancheti for Petitioner.
Mr. Sarang S. Aradhye a/w Ms. Gauri Velankar for Respondent No. 4.
Ms. A. A. Nadkarni, AGP for Respondent-State.
                             ________________
                                     CORAM: SANDEEP V. MARNE, J.
                                         DATED: 28 SEPTEMBER 2026.


P.C.:


1)              The Petitioner is aggrieved by order dated 12 May 2026
passed by the Deputy Registrar Co-operative Societies, Pune City (5),
Pune (Deputy Registrar) passed under Section provisions of 77 A of the
Maharashtra Co-operative Societies Act, 1960 (MCS Act). After noting
that there is no quorum or constituting a valid managing committee, the
Deputy Registrar has proceeded to appoint an administrative committee
for looking after day-to-day affairs of the society. The order passed by
the Deputy Registrar has been confirmed in Appeal by the Divisional
Joint Registrar by order dated 22 June 2026, which is also subject matter
of challenge in the Petition.




                                   Page No.1 of 4
                                28 SEPTEMBER 2026
Renuka Thakur                                                    15-WP-12774-2026.docx


2)                I have heard Mr. Mishra, the learned counsel appearing for
the Petitioner, Mr. Sarang, the learned counsel appearing for Respondent
No. 4 and Ms. Nadkarni, the learned AGP appearing for Respondent-State
and have considered the submissions canvassed by them.


3)                On account of tendering of resignations by some of the
committee members, it appears that there was no valid quorum required
for constituting the managing committee. In the facts of the present
case, I am not inclined to entertain the objection sought to be raised by
the Petitioner that the Deputy Registrar acted hurriedly in exercising
powers under Section 77A of the MCS Act even before passage of time of
30 days from the date of tendering of resignations. I am therefore, not
inclined to interfere in the order dated 12 May 2026 appointing
administrative committee by the Deputy Registrar.


4)                However what is objectionable in respect of the order dated
12 May 2026 is the fact that there is no specific direction to the
administrative committee for conduct of elections for formation of new
committee of the society. The Deputy Registrar ought to have issued
directions to the administrative committee to conduct the elections in
an expeditious manner. Even the Divisional Joint Registrar has
overlooked this folly in the order passed by the Deputy Registrar. This
Court in Vijay Lakhi and Ors. V/s Minister of Co-operation and Ors. 1
has held in paragraph 82, 83 and 84 of the judgment as under:-




1    Writ Petition No. 11625 of 2025 decided on 6 October 2025

                                             Page No.2 of 4
                                          28 SEPTEMBER 2026
Renuka Thakur                                                        15-WP-12774-2026.docx


                82. At this stage, it is necessary to address an important aspect
                concerning the exercise of powers by the Registrar under Section 77A
                The provision authorises the Registrar to appoint either a small interim
                committee under clause (ii) or, in exceptional circumstances, one or
                more authorised officers to manage the affairs of the society. The
                purpose of this power is not to substitute permanent democratic control
                with prolonged external management, but only to act as a temporary
                safeguard until fresh elections are held.

                83. It is, therefore, appropriate that whenever the Registrar exercises
                power under clause (ii) or in appointing authorised officers, the order
                itself should contain a clear direction to initiate and complete the
                election process within a defined time frame. In $my opinion, a
                reasonable period to initiate election process would be between four to
                height weeks from the date of such order. This would ensure that the
                society is brought back under elected management at the earliest and
                prevent misuse of the provision for continuing external control
                indefinitely.

                84. Failure to include such a direction may defeat the very object of
                Section 77A, which is to maintain continuity of management only until
                an elected body is put in place. It may also invite allegations of arbitrary
                or mala fide exercise of power. To prevent such situations, this Court
                makes it clear that whenever the Registrar invokes clause (ii) or
                appoints authorised officers, the order must contain a direction to
                initiate the election process within four to eight weeks.

5)              It appears that attention of the Divisional Joint Registrar
was invited to the judgment of this Court in Vijay Lakhi (supra).
However, the Divisional Joint Registrar has still proceeded not to issue a
direction to the administrative committee to conduct elections to the
managing committee of the society. In fact, in paragraph 85 of the
judgment of this Court in Vijay Lakhi, this Court has made following
observations:-
                 85. If, despite this judgment being brought to the notice of the
                 Registrar or authorised officer, no such direction is included or acted
                 upon, the aggrieved parties shall be entitled to approach this Court
                 under the provisions of the Contempt of Courts Act for appropriate
                 relief. Such recourse will ensure accountability and reinforce the
                 constitutional and statutory mandate that co-operative societies must
                 remain democratically governed institutions.



                                        Page No.3 of 4
                                     28 SEPTEMBER 2026
                          Renuka Thakur                                                 15-WP-12774-2026.docx


                          6)              The approach of the Deputy Registrar and Divisional Joint
                          Registrar in not following the directives of this Court in Vijay Lakhi is
                          disquieting. The Deputy Registrar and the Divisional Joint Registrar shall
                          accordingly ensure that the directions issued by this Court in judgment
                          in Vijay Lakhi are strenuously followed so as to avoid initiation of
                          contempt proceedings by this Court, as directed in paragraph 85 of the
                          judgment.


                          7)              In the present case, there is no direction by the Deputy
                          Registrar to the administrative committee for conduct of elections.
                          Therefore, though this Court is not inclined to interfere in decision of
                          the Deputy Registrar to appoint administrative committee, it is
                          necessary to direct the administrative committee to forthwith conduct
                          elections of the society under the aiges of the Registrar.


                          8)              Accordingly, the Petition is disposed of by directing the
                          administrative committee appointed vide order dated 12 May 2026 to
                          forthwith commence the election programme within a period of two
                          weeks.


                          9)              Writ Petition is accordingly disposed of with no order as to
                          costs.


                                                                               [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                              Page No.4 of 4
Designation: PA To Honourable Judge                        28 SEPTEMBER 2026
Date: 30/09/2026 10:23:46


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