MAHESH MADHUKAR BHARTIYAversusDIVISIONAL JOINT REGISTRAR CO OP. MUMBAI AND ORS

Neeta Sawant                     1/16              WP 16171 of 2025


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO.16171 OF 2025


Mahesh Madhukar Bhartiya                              ....Petitioner


               V/S


1. Divisional Joint Registrar (Co-operative)
  Mumbai Divisional, Mumbai
2. Deputy Registrar,
   Co-operative Societies, Mumbai
3. Mr. Sanjay B. Salavi
   Chairman,
4. Mr. Sanjay Kukian,
   Secretary
5. Mr. Madhu A.V.
   Treasurer
   Lok Nisarg Co-operative Housing
  Society Limited, Mulund (W), Mumbai.                ....Respondents
                                 _________
Mr. Mandar Limaye with Mr. Nagraj Tarde for the Petitioner.
Ms. Mamta S. Shrivastava, AGP for Respondent Nos.1 and 2/State.
Ms. Seema Chopda with Mr. T.R. Yadav for Respondent Nos.3 to 5.


                                __________




                              Page No. 1 of 16
                               25 JUNE 2026
Neeta Sawant                    2/16              WP 16171 of 2025


                              CORAM: SANDEEP V. MARNE, J.
                              RESERVED ON: 18 JUNE 2026.
                              PRONOUNCED ON: 25 JUNE 2026.
J U D G M E N T:
1.       By this Petition 9led under provisions of Article 227 of the
Constitution of India, Petitioner has challenged order dated 20
November 2025 passed by the Divisional Joint Registrar, Co-operative
Societies, Mumbai Division, Mumbai (Divisional Joint Registrar)
allowing Revision Application No.319 of 2025 9led by Respondent Nos.3
to 5 and setting aside the order dated 18 August 2025 passed by the
Deputy Registrar, Co-operative Societies, T Ward, Mumbai (Deputy
Registrar). By order dated 18 August 2025 passed under provisions of
Section 154B-23(3) of the Maharashtra Co-operative Societies Act, 1960
(MCS Act), the Deputy Registrar had disquali9ed Respondent Nos.3 to 5
from acting as Managing Committee members of the Society for a period
of 9ve years.


2.     Lok Nisarg Co-operative Housing Society Limited is registered
under provisions of MCS Act and which is formed by >at purchasers of
buildings comprising 7 Wings and 281 members including 11
commercial units. The Managing Committee of the 6th Respondent-
Society was constituted for the term 2023-2028. Respondent Nos.3 to 5
were elected as Managing Committee members of the Society. Petitioner
is one of the members of Respondent No.6-Society and had demanded
Compact Disk (CD) in respect of Special General Body Meeting (SGM)
conducted in May 2023 and Annual General Body Meeting (AGM) held
on 10 September 2023. Accordingly, Petitioner, alongwith other
members, had submitted letter dated 27 January 2024 to the Deputy

                             Page No. 2 of 16
                              25 JUNE 2026
Neeta Sawant                      3/16                 WP 16171 of 2025


Registrar complaining about non-receipt of the CD. Another complaint
dated 16 April 2025 was submitted by the Petitioner. The Deputy
Registrar issued letter dated 15 May 2025 to the Chairman/Secretary of
the Society directing supply of demanded documents after recovering
copying fees. Petitioner served advocate notice dated 7 June 2025
complaining about non-receipt of demanded documents. On 18 June
2025, the Deputy Registrar 9xed a hearing in respect of complaint of
Petitioner on 7 July 2025. The Society deposited the demanded
documents with the of9ce of Deputy Registrar, but Petitioner refused to
accept the said documents. The Society also took a stand that unless
Petitioner handed over complete charge of records in respect of
Committee’s tenure 2015-2023, his demands could not be satis9ed. The
Deputy Registrar therefore issued a show cause notice under provisions
of Section 154B-23(1)(iii) of the MCS Act to the Society for
disquali9cation of Chairman, Secretary and Treasurer thereof. The
hearing in the show cause notice was conducted on 7 August 2025.


3.     The Deputy Registrar passed order dated 18 August 2025
disqualifying Respondent Nos.3 to 5 from being managing committee
members for a period of 9ve years. On the same day, another order was
passed under Section 77A(b-1) of the MCS Act noticing that 9ve
members of the managing committee had resigned and since three
members were disquali9ed, there was no managing committee for
looking after day-to-day affairs of the Society. Accordingly, by order
dated 18 August 2025, the Deputy Registrar appointed an authorized
of9cer to look after the day-to-day affairs of the Society.




                               Page No. 3 of 16
                                25 JUNE 2026
Neeta Sawant                      4/16               WP 16171 of 2025


4.      Respondent Nos.3 to 5 preferred Revision Application No.319 of
2025 in respect of order of disquali9cation and Appeal No.187 of 2025 in
respect of order appointing authorized of9cer. Both Revision as well as
Appeal were heard together by the Divisional Joint Registrar and by
common order dated 20 November 2025, both the impugned orders
passed on 18 August 2025 by the Deputy Registrar have been set aside.
Petitioner is aggrieved by the order passed by the Divisional Joint
Registrar on 20 November 2025 and has accordingly 9led the present
Petition.


5.      By order dated 9 December 2025, this Court admitted the Petition.
Petitioner 9led Special Leave Petition (C) No.27172 of 2026 before the
Hon’ble Supreme Court challenging the order of admission dated 9
December 2025. By order dated 15 May 2026, the Hon’ble Apex Court
disposed of the Special Leave Petition by granting liberties to the
Petitioner to press for interim relief as well as to seek expeditious
disposal of the Writ Petition. Accordingly, by order dated 15 June 2026,
the Writ Petition was directed to be listed for 9nal hearing on 18 June
2026.


6.      Mr. Limaye, the learned counsel appearing for the Petitioner
submits that the Divisional Joint Registrar has grossly erred in setting
aside the order of the Deputy Registrar. That non-supply of demanded
documents is an admitted fact as the documents were produced by the
Society directly before the Deputy Registrar. He relies on the provisions
of Section 154B-8 of the MCS Act in support of his contention that it is
the duty of the Managing Committee to furnish minutes of SGM and


                               Page No. 4 of 16
                                25 JUNE 2026
Neeta Sawant                               5/16                     WP 16171 of 2025


AGM. That in the present case, despite repeatedly demanding minutes of
SGM held in May 2023 and AGM held in September 2023, the Society
failed to furnish the said documents. That the Divisional Joint Registrar
has erred in setting aside the order of the Deputy Registrar only on
account of non-payment of copying charges. That copying charges were
never intimated to the Petitioner. In support of his contention of right of
a member to inspect and secure copies of records of the Society, Mr.
Limaye relies upon judgment of this Court in Smt. Nair Pushpa
Sureshkumar and Ors. vs. The State of Maharashtra and Ors. 1 He also
relies upon judgment of this Court in Shahid Tamboli and Ors. vs.
Divisional Joint Registrar Co-op Societies and Ors. 2 Mr. Limaye prays
for setting aside the order passed by the Divisional Joint Registrar.


7.        The Petition is opposed by Ms. Chopda, the learned counsel
appearing for Respondent Nos.3 to 5 who supports the order passed by
the Divisional Joint Registrar. She submits that Petitioner is not just a
member but also a Managing Committee member of the Society. That
therefore he was already privy to all the records of the Society. That the
Society had resolved to go paperless and to electronically supply
documents to the members and accordingly minutes of the concerned
SGM and AGM were supplied to the Petitioner through WhatsApp
messages. That the real motive of the Petitioner is to somehow take over
the affairs of the Society. That Petitioner and his group were in the
previous Managing Committee and deliberate disquali9cation of
Respondent Nos.3 to 5 was sought with a view to ensure that previous
Managing Committee takes over the charge. That therefore Petitioner

1
     Writ Petition No. 14087 of 2023 decided on 12 December 2025.
2
     Writ Petition No. 5096 of 2022 decided on 20 July 2023

                                        Page No. 5 of 16
                                         25 JUNE 2026
Neeta Sawant                                6/16                    WP 16171 of 2025


and other managing committee members deliberately resigned on the
date of passing of order of disquali9cation. She also relies on judgment
of this Court in Smt. Nair Pushpa (supra) in support of her contention
that there needs to be strict ful9llment of conditions for ordering
disquali9cation of elected managing committee members. She also relies
upon judgment of this Court in Jijau Coop. Housing Soci. Ltd. vs. State
of Maharashtra and Ors.3. She prays for dismissal of the petition.


8.        I have also heard Ms. Shrivastava, the learned AGP, who supports
the order passed by the Divisional Joint Registrar.


9.       Rival contentions urged on behalf of the parties now fall for my
consideration.


10.      Respondent Nos. 3 to 5 occupied the positions of Chairman,
Secretary and Treasurer respectively of Respondent No.6- Society. They
were elected for the term 2023-2028. Petitioner himself was the
Managing Committee member alongwith Respondent Nos. 3 to 5. He
sought disquali9cation of Respondent Nos.3 to 5 under provisions of
Section 154B-23(1)(iii) read with Section 154B-8 of MCS Act. The Deputy
Registrar ordered disquali9cation of Respondent Nos.3 to 5 vide order
dated 18 August 2025. On account of tendering of resignation by the
Petitioner and three other managing committee members on 18 August
2025, the Deputy Registrar proceeded to appoint Authorised Of9cer for
looking after day-to-day affairs of the Society. This is how Petitioner
ensured not only disquali9cation of Respondent Nos. 3 to 5 but also


3
      Writ Petition No. 12871 of 2015 decided on 11 November 2015

                                         Page No. 6 of 16
                                          25 JUNE 2026
Neeta Sawant                          7/16                     WP 16171 of 2025


appointment of an Authorised Of9cer under Section 77A(b-1) of the MCS
Act.


11.    The grouse of the Petitioner is non-supply of various documents
demanded by him and consequent violation of provisions of Section
154B-8. According to Mr. Limaye, the Society failed to furnish copies of
minutes of SGM held in May 2023 and AGM held on 10 September 2023.
Section 154B-8 of the MCS Act confers right upon a member to inspect
the documents. Sub-section (1) of Section 154B-8 deals with the right of
the member to inspect the documents, whereas sub-section (2) deals
with the duty cast upon the Society to furnish to the member copies of
any documents enumerated in sub-section (1). Section 154B-8 of MCS
Act provides thus:

       154B-8. Rights of Members to inspect the documents.—

       (1) Every Member of a society shall be entitled to inspect, free of cost, at the
       society’s of9ce during of9ce hours, or any time 9xed for the purpose by the
       society, a copy of the Act, the rule and the bye-laws, the last audited annual
       balance sheet, the pro9t and loss account, a list of the members of the
       Committee, a register of members, the minutes of general meetings, minutes
       of Committee meetings and those portions of the books and records in which
       his transactions with the society have been recorded.

       (2) A society shall furnish to a Member, on request in writing and on payment
       of such fees at such rate as may be decided by the Registrar, from time to time,
       the copies of any documents mentioned in the foregoing sub-section within
       forty-9ve days from the date of payment of such fees and when the Society is
       assisted by the Government in the form of share capital, loan and land, the
       said Society shall furnish such information within thirty days from the date so
       requested by a member.




12.    Section 154B-23 deals with disquali9cation of Committee and its
members and provides thus:


                                   Page No. 7 of 16
                                    25 JUNE 2026
Neeta Sawant                            8/16                       WP 16171 of 2025


       154B-23. Disquali;cation of Committee and its Members.—

       (1) Without prejudice to the other provisions of this Act or the rules made
       thereunder, in relation to the disquali9cation of being a Member of the
       Committee, no person shall be eligible to be appointed, nominated, elected,
       co-opted for being a Member of Committee,—
              (i) if he is a defaulter of any society, or
              (ii) if he carries on business of letting, subletting and selling of >ats in
              the housing society of which he is a Member, or
              (iii) if he has been held responsible under section 79, 88, 154B-
              8(2) or 154B-27 or for payment of cost of enquiry under section
              85, or
              (iv) if he has incurred any disquali9cation under this Act or the rules
              made thereunder, or
              (v) if he incurs any of the disquali9cation similar to that mentioned in
              the provisions of clause (vii), (viii) or (ix) of clause (f) of sub-section (1)
              of section 73CA.

       (2) A Member, who has incurred any disquali9cation under sub-section (1),
       shall cease to be a Member of Committee and his seat shall thereupon be
       deemed to be vacant.

       (3) A Member of a Committee who has ceased to be a Member thereof, on
       account of having incurred disquali9cation under clause (ii), (iii), (iv) or (v) of
       sub-section (1), shall not be eligible to be re-elected, re-co-opted or re-
       nominated as a Member of Committee for 9ve years from the date on which he
       or she has so ceased to be a Member of the Committee.

       (4) A Member of a Committee who has ceased to be a Member thereof, on
       account of having incurred disquali9cation other than disquali9cations,
       referred to in sub-section (3), shall, unless otherwise speci9cally provided in
       this Act, be eligible to be re-elected, re-co-opted or re-nominated as a Member
       of Committee as soon as such disquali9cation ceases to exist.

                                                           (emphasis and underling added)


13.    Thus, under clause (iii) of sub-section (1) of Section 154B-23, if a
member of the Committee is held responsible under Section 154B-8(2),
he incurs disquali9cation from being appointed, nominated, elected or
co-opted as a member of the Committee. Under sub-section (2) of
Section 154B-23, a member who has incurred disquali9cation under sub-
section(1), ceases to be the member of the Committee and the seat
occupied by him is deemed to be vacant and such member is not eligible

                                     Page No. 8 of 16
                                      25 JUNE 2026
Neeta Sawant                          9/16                     WP 16171 of 2025


to be re-elected, re-co-opted or re-nominated as a member of the
Committee for 9ve years.


14.    Having considered the statutory scheme of Sections 154B-8 and
Section 154B-23 of the MCS Act, I now proceed to examine whether
Respondent Nos.3 to 5 had indeed incurred disquali9cation under
Section 154B-23 on account of violation of provisions of Section 154B-8.


15.    Petitioner has relied upon letter dated 27 January 2024, which was
addressed by 9ve members of the Managing Committee to the Deputy
Registrar. The letter dated 27 January 2024 reads as under:

       महोदय,
       लोक स ृ. .सं थेचे अ य / से े टरी यां ा वारंवार मा णी क! ही तसेच आप%या मा&तही
       'यां(याकडे त ार क! ही तसेच आप%या मा&तही 'यां(याकडे त ार क! ही अ*ात आ+हाला मे
       २०२३ रोजी झाले%या SGM आ4ण १० स6ट7बर २०२३ रोजी झाले%या AGM ची CD आ+हाला देत
         ाहीत. या दो<ही बैठकांम ये घेतले%या म ी@सला आमचा वरोध आहे . कारण मॅ ेCज क मटी(या
       बैठकीत ठरले%या म ी@स ुसार हे ठराव घेतलेले ाहीत. याची स'यता या CD मधू च पG होईल.


16.    Thus, the letter dated 27 January 2024 was not a requisition sent
to the Society but was a complaint made to the Deputy Registrar about
non-furnishing of CD in respect of SGM conducted in May 2023 and
AGM conducted on 10 September 2023. Therefore, letter dated 27
January 2024 cannot be treated as requisition made to Society under
Section 154B-8 (2) of the Act. It is not a request made to the Society in
writing. Merely because copy of letter dated 27 January 2024 is addressed
to Chairman and Secretary of the society, it cannot be treated as a
request made to society under 154B-8 (2). Furthermore, what is
demanded by letter dated 27 January 2024, is a CD in respect of SGM in
May 2023 and AGM on 10 September 2023. The letter is not in respect of
minutes of the SGM or AGM. From subsequent correspondence, it is

                                   Page No. 9 of 16
                                    25 JUNE 2026
Neeta Sawant                         10/16                     WP 16171 of 2025


apparent that demand was for CD containing video recording in respect
of two meetings. Sub-section (1) of Section 154B-8 does not include
video recording of a meeting in the list of documents enumerated
therein. Therefore for both the reasons of letter not being a request
made to the society in writing as well as demanding something not
envisaged under Section 154B-8, the letter dated 27 January 2024 is
irrelevant for deciding the issue of disquali9cation of members of the
committee.


17.    Petitioner has thereafter relied on letter dated 16 April 2025,
which again was addressed by the Petitioner to the Deputy Registrar.
Thus, letter dated 16 April 2025 again, cannot be treated as request made
in writing to the society. The letter dated 16 April 2025 reads as under:
       महाराGI सहकारी सं था अJध यम 1960 (या तरतुदी ुसार कलम 154 B-8 ुसार लोक स
       सहकारी ृह माण सं थेचा मी सद य असू , मॅ ेCज क मटी सद य आहे. तरी े%या दो
       वTाUपासू मला सं थेची का दपVे 'यांची झेरॉXस SGM, AGM स6ट7बर 2023 ते 2024 सी.डी.
       मा ू ही दे[यात आलेली ाही. मी शु%क (पैसे) दे[यास तयार असता ा मला मे 2023 पेशल
       ज ल बॉडी SGM , स6ट7बर 2023, स6ट7बर 2024 ची सीडी मळावी, +हणू तसेच इंaजी म @स
       मराठीत भाTांतर मळावे, याकcरता आपणाशी पVdयवहार केला होता. 'याला पाचशे दवस झालेले
       आहेत. तरी अ*ापही 154 B-8 ुसार लोक स क मटी वर कारवाई केलेली ाही. हा आम(या
       सोबत केलेला भेदभाव आहे. आप%या कायालया े 154 B-8 ुसार केले%या कारवाईची अ ेक
       eकरणे उपलgध आहेत. असे असता ाही आमची व ंतीची वेळोवेळी कोणतीच दाखल घेतलेली
        ाही. तरी 154 B-८ ुसार अ य , सJच , खjज धार आ4ण क मटी सद य या(यावर लंब ाची
       कारवाई करावी ह व ंती.


18.    The letter dated 16 April 2025 was again a complaint for non-
furnishing of CD as well as Marathi translation of minutes recorded in
English language. Again, neither a video recording nor Marathi
translation of minutes recorded in English are included within the list of
documents enumerated under sub-section (1) of Section 154B-8.


19.    Faced with the dif9culty that none of the letters attached to the
Petition at Exh. A constitute a request in writing under sub-section (2) of

                                  Page No. 10 of 16
                                    25 JUNE 2026
Neeta Sawant                        11/16                    WP 16171 of 2025


Section 154B-8, Mr. Limaye has produced during the course of hearing
letters of 28 August 2023 and 21 September 2024. This Court does not
appreciate production of material directly during hearing of the Petition
by taking other side by surprise. However, even if this conduct of the
Petitioner is ignored, perusal of letters dated 28 August 2023 addressed
to Chairman/Secretary of Society indicates that the Petitioner had
demanded altogether different documents than the one for which letter
dated 27 January 2024 and 16 April 2025 were sent. Also, what was
demanded by Petitioner was minutes of meetings of Managing
Committee held during May 2023 to August 2023 and order of Deputy
Registrar constituting new Management Committee. He also demanded
video CD/pendrive of SGM without specifying the exact meeting. Letter
dated 28 August 2023 reads thus:

       उपरोk वTया<वये आपणास व ंती करतो की, लोक स सं थेची 4 मे 2023 ते 13 ऑ ट
       2023 या दर+या कायकारी सभे(या झाले%या बैठक आ4ण उप बंधकां ी वी क मटीचे केलेले
        ठ 'याची आदे4शत eत मला दे[यात यावी, 'यासाठी उप बंधक, सहकारी सं था यां ी
       ठर वले%या दराeमाणे 'याची रmम मी अदा कर[यास तयार आहे .

       तसेच सं थे(या वशेT सवसाधारण सभेची dहीडीओ सीडी oकवा PEN DRIVE मळावा यासाठी
       याआधी मा णी केली होती, परंतु ती अ*ाप मला मळालेली ाही. ते ही मला त'काळ मळावे,
       'याचीही रmम मी अदा कर[यास तयार आहे.
       कृपया सदर बाबvची पुतता करवावी, ही व ंती.



20.    Thus, in addition to video CD/pendrive in respect of unspeci9ed
SGM, Petitioner demanded copy of minutes of Management Committee
meetings held during 4 May 2023 to 13 August 2023 and copy of order of
Deputy Registrar. Mr. Limaye has also produced copy of letter dated 21
September 2024 which reads thus:




                                 Page No. 11 of 16
                                   25 JUNE 2026
Neeta Sawant                         12/16                     WP 16171 of 2025


       ये'या 29 स6ट7बर 2024 रोजी लोक स सोसायटीची वाwTक सवसाधारण सभा होणार आहे.
       'याची (AGM) वTय प Vका, लेखापरी ण अहवाल आ4ण काय अहवालाची झेरॉXस eत मला

       लवकरात लवकर दे[यात यावी ह व ंती.


21.    Thus, the letter dated 21 September 2024 addressed to Society
contained demand of altogether different documents of agenda of AGM
which was to be held on 29 September 2024, audit report and action
taken report.


22.    Perusal of order of disquali9cation passed by Deputy Registrar
would indicate that he has referred to Petitioner’s request dated ‘21
January 2024’. There is no such letter in existence. I proceed on
assumption that there is typographical error in the order and what is
actually considered is letter dated 21 September 2024. This is clear from
following observations of the order:

       अजदार xी. महेश भारतीय यां ी द ांक २१/०१/२०२४ रोजी(या अजा<वये सं थेकडे द ांक
       २९/०९/२०२४ रोजी झाले%या वाwTक सवसाधारण सभेची वTयप Vका, लेखापरी ण अहवाल व
       काय अहवाला(या छायां कत eतीची मा णी केली होती. माV सं थे े महाराGI सहकारी सं था
       अJध यम १९६० चे कलम १५४ बी-८ मधील तरतुदी ुसार ३० दवसांचे आत अजदार यां ा
       कोणतेही लेखी उ~र द%याचे दसू येत ाही. तसेच अजदार यां ी मा णी केले%या का दपVां(या
       शु%काबाबतदेखील कोणताही पVdयवहार के%याबाबतची का दपVे सं थे े सादर केलेली ाहीत.




23.    Also, from various letters referred to above, it appears that
Petitioner was repeatedly demanding variety of documents from the
Society frequently. He himself was a Managing Committee member, both
in respect of current as well as past period. Mr. Limaye has submitted
during his course of submissions that minutes of SGM held in May 2023,
and AGM held on 10 September 2023 were not supplied to the Petitioner.
However, in none of the correspondence referred to above, minutes of


                                  Page No. 12 of 16
                                    25 JUNE 2026
Neeta Sawant                    13/16                WP 16171 of 2025


the said two meetings were ever demanded by the Petitioner. What was
demanded was a CD/pendrive containing video recording of the said
meetings.


24.    Considering the above position, it is seen that order of Deputy
Registrar dated 18 August 2025 clearly suffered from non-application of
mind. Disquali9cation under Section 154B-23 casts a stigma and
therefore it is necessary that the order of disquali9cation of committee
members is not passed causally unless the Deputy Registrar arrives at
the conclusion that there is unambiguous demand for documents in
writing and that there is deliberate failure by the Society to provide
copies to the members.


25.    In Smt. Nair Pushpa (supra), this Court has discussed the
principles governing disquali9cation. It is held that substantial
compliance demonstrating sincere and early effort must also be borne in
mind while exercising the power of disquali9cation. Similarly, in Shahid
Tamboli and Ors. (supra), this Court upheld the order of disquali9cation
after being satis9ed that there was no substantial compliance by
members of the committee. In the present case, Petitioner has never
demanded physical copies of minutes of SGM and AGM in any of the
requisitions. This was because the Society has resolved to go paperless
and to make electronic communications through email, WhatsApp and
other media. Respondent Nos. 3 to 5 had placed on record WhatsApp
messages furnishing minutes of the concerned SGM and AGM. Petitioner
thus had the minutes of meetings and wanted to demonstrate incorrect
recording of the minutes through the video recording. This is the reason



                             Page No. 13 of 16
                               25 JUNE 2026
Neeta Sawant                     14/16                WP 16171 of 2025


why Petitioner never demanded physical copies of the said minutes.
However, Deputy Registrar grossly erred in holding that minutes through
WhatsApp was not statutory compliance. Finding is recorded in
ignorance of the fact that Petitioner was not demanding minutes of
meeting. He was demanding video recording of the meetings.


26.    Disquali9cation under 154B-23(1)(iii) can be ordered only if a
member of Managing Committee is held responsible for non-furnishing
of documents enumerated under Section 154B-8(1). As observed above,
sub-section (1) contemplates only enumerated documents of the Act, the
rule, the bye-laws, the last audited annual balance sheet, the pro9t and
loss account, a list of the members of the Committee, a register of
members, the minutes of general meetings, minutes of Committee
meetings and those portions of the books and records in which his
transactions with the society have been recorded. Section 154B-8 does
not contemplate providing video recording of meeting. It contemplates
only minutes of meeting. As observed above, provisions of Section 154B-
8(1) cannot be lightly interpreted and documents enumerated therein
cannot be expanded, particularly for ordering disquali9cation of elected
committee members.


27.    Considering the above position, in my view, the Divisional Joint
Registrar has rightly set aside the order of disquali9cation passed by the
Deputy Registrar. Non-payment of charges for certi9ed copies has also
been cited as an additional reason by the Divisional Joint Registrar for
setting aside the order of the Deputy Registrar. Petitioner was
demanding a host of documents and even Deputy Registrar has got
confused while ordering disquali9cation. The society therefore appears

                              Page No. 14 of 16
                                25 JUNE 2026
Neeta Sawant                     15/16                WP 16171 of 2025


to be justi9ed in not communicating the copying charges in respect of
varying demands of the Petitioner, especially because Petitioner himself
was the member of the committee.


28.      As observed above, Petitioner himself was a member of the
Managing Committee. In his letter dated 16 April 2025 addressed to
Deputy Registrar, he has described himself as ‘suspended managing
committee member’. It appears that Petitioner had an axe to grind
against Respondent Nos. 3 to 5. The fact that four Committee members
including the Petitioner tendered resignations immediately upon
disquali9cation of Respondent Nos. 3 to 5 and ensured appointment of
Administrator on the Society speaks volumes about the real objective
behind demanding varied documents and ensuring disquali9cation of
Respondent Nos. 3 to 5.. The entire exercise has resulted in a situation
where the whole of the Managing Committee has disappeared and an
external Administrator is appointed upon the Society. All this is done by
9ling repeated complaints and requests for supply of varied documents
by a member of Managing Committee, who is otherwise supposed to be
privy to the records of the Society. Considering this position, this Court
is otherwise not inclined to exercise extraordinary jurisdiction under
Article 227 of Constitution of India. The jurisdiction is supervisory in
nature and need not be exercised to correct every error of law and fact.
This Court is otherwise satis9ed with the 9nal outcome of the litigation.
In that view of the matter, Petitioner cannot compel this Court to
exercise jurisdiction under Article 227 of Constitution of India.
Reference in this regard can be made to the judgment of Apex Court in
Garment Craft vs. Prakash Chand Goel4 in which it is held as under:
4
      (2022) 4 SCC 181

                              Page No. 15 of 16
                                25 JUNE 2026
                        Neeta Sawant                           16/16                     WP 16171 of 2025




                               15. Having heard the counsel for the parties, we are clearly of the view that the
                               impugned order [Prakash Chand Goel v. Garment Craft, 2019 SCC OnLine Del
                               11943] is contrary to law and cannot be sustained for several reasons, but
                               primarily for deviation from the limited jurisdiction exercised by the High
                               Court under Article 227 of the Constitution of India. The High Court exercising
                               supervisory jurisdiction does not act as a court of 9rst appeal to reappreciate,
                               reweigh the evidence or facts upon which the determination under challenge
                               is based. Supervisory jurisdiction is not to correct every error of fact or even a
                               legal >aw when the 9nal 9nding is justi9ed or can be supported. The High
                               Court is not to substitute its own decision on facts and conclusion, for that of
                               the inferior court or tribunal. [Celina Coelho Pereira v. Ulhas Mahabaleshwar
                               Kholkar, (2010) 1 SCC 217] The jurisdiction exercised is in the nature of
                               correctional jurisdiction to set right grave dereliction of duty or >agrant abuse,
                               violation of fundamental principles of law or justice. The power under Article
                               227 is exercised sparingly in appropriate cases, like when there is no evidence
                               at all to justify, or the 9nding is so perverse that no reasonable person can
                               possibly come to such a conclusion that the court or tribunal has come to. It is
                               axiomatic that such discretionary relief must be exercised to ensure there is no
                               miscarriage of justice.


                        29.    Considering overall conspectus of the case, I do not 9nd any valid
                        reason to interfere in the order of the Divisional Joint Registrar.


                        30.    Writ Petition is bereft of merits. It is accordingly dismissed with
                        no order as to costs. Rule is discharged.




                                                                         (SANDEEP V. MARNE, J.)
           Digitally
           signed by
           NEETA
NEETA      SHAILESH
SHAILESH   SAWANT
SAWANT     Date:
           2026.06.25
           15:40:24
           +0530




                                                           Page No. 16 of 16
                                                             25 JUNE 2026