Bombay High Court
HIRAMAN RAMU GAIKWADversusTHE DIVISIONAL JT REGISTRAR CO OPERATIVE SOCIETIES NASHK AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed for lack of locus standi.
Summary
Petitioner Hiraman Ramu Gaikwad filed a writ petition in his personal capacity challenging an order that directed the cooperative society to enroll respondents 3 to 12 as members. The petitioner argued that the society's administrator had taken over and that the order had not been contested by the society itself. The Court observed that the petitioner, acting individually, lacks locus standi to contest an order that affects the society, and that any grievance should be raised by the society as a party. No respondents appeared before the Court. Consequently, the Court disposed of the petition on the ground of lack of standing without addressing the merits of the case.
Issues considered
- Whether a petitioner can maintain a writ petition in his individual capacity against an order affecting a cooperative society
- Whether lack of locus standi warrants dismissal of the petition
Subjects
- locus standi
- writ petition
- cooperative societies
- enrollment of members
- civil procedure
Judgment
2026:BHC-AUG:41206
33-sr934-wp12795.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
934 WRIT PETITION NO. 12795 OF 2023
Hiraman Ramu Gaikwad
VERSUS
The Divisional Jt Registrar Co Operative Societies Nashk And Others
----
Mr.C.K.Shinde, Advocate for petitioner
Mr.B.V.Virdhe, AGP for respondent nos.1 and 2
----
CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 03, 2026
ORDER :-
None present for the respondents.
2. Mr.C.K.Shinde, learned advocate for the petitioner fairly
submits that now the Administrator has taken over charge of the
Society and he has not challenged the order impugned in this petition.
By virtue of the impugned order the authorities directed the Society to
enroll the respondent nos.3 to 12 as Members of the society.
3. Apparently, the Writ Petition is filed by the petitioner in his
individual capacity wherein the society is also made party as
respondent. The petitioner cannot take up the cause in his individual
capacity against the impugned order. The grievance could be raised by
the society which is not done yet. In view of this, I do not see any
2 33-sr934-wp12795.2023
reason to interfere in the order under challenge. On the point of
locus of the petitioner, the Writ Petition stands disposed of.
4. It is clarified that this court has not commented on the
merits of the Writ Petition.
[AJIT B. KADETHANKAR, J.]
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KBP
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