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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.]
                                ………..


KBP


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