Bombay High Court

SAMEER SITARAM SAWANT AND ANRversusTHE DIVISIONAL JOINT REGISTRAR SRA MUMBAI AND ORS

Decided: 4 March 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The appointment of a developer must be approved by the requisite majority of the Society’s members in a General Body Meeting; the Managing Committee alone cannot finalize such a decision.

Summary

The petition was filed challenging an interim order that stayed the Registrar's order issued under Section 75(5) of the Maharashtra Cooperative Societies Act, 1960. The petitioners feared that the Society's Managing Committee was making policy decisions, specifically the appointment of a developer, without proper approval. The Court examined whether such a decision could be taken by the Managing Committee alone or required a General Body Meeting. It held that appointment of a developer is a substantive decision that must be approved by the requisite majority of the Society’s members in a General Body Meeting as mandated by law. Consequently, the Court directed the Revisional Authority to decide the pending Revision Application within four weeks. The writ petition was thereafter disposed of without any order as to costs.

Issues considered

Whether the Managing Committee of a cooperative society can appoint a developer without a General Body Meeting under the Maharashtra Cooperative Societies Act, 1960.

Legislation cited

Maharashtra Cooperative Societies Act, 1960 — s. 75(5)

Subjects

cooperative society
appointment of developer
General Body Meeting
Section 75(5)
revision application
stay order

Judgment

                                                                             9-wp-2869-2026.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.2869 OF 2026
SHABNOOR
AYUB                  Sameer Sitaram Sawant & Anr.                … Petitioners
PATHAN                           V/s.
Digitally signed by
SHABNOOR AYUB
                      The Divisional Joint Registrar
PATHAN
Date: 2026.03.04
                      SRA Mumbai & Ors.                           … Respondents
16:39:43 +0530



                      Mr. Rajas Naik a/w Rohit Parab, for the Petitioners.
                      Ms. Snehal S. Jadhav, AGP, for the State – Respondent
                      Nos.1 and 2.
                      Mr. Sanjiv Sawant a/w Bhakti Wast i/b Abhishek
                      Deshmukh, for Respondent Nos.4 to 7.



                                                  CORAM     : AMIT BORKAR, J.

                                                  DATED     : MARCH 4, 2026
                      P.C.:

                      1.      The petition arises out of an interim order passed in a
                      Revision Application granting stay to the order of the Registrar
                      under Section 75(5) of the Maharashtra Cooperative Societies Act,
                      1960 (“the MCS Act”).

                      2.      The apprehension expressed on behalf of the petitioners is
                      that the Society is taking policy decisions, particularly regarding
                      the appointment of a developer, which may affect the future
                      management of the Society. However, the decision to appoint a
                      developer is required to be taken in a General Body Meeting. The
                      Managing Committee, by itself, cannot influence or finalize such a




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                                                     9-wp-2869-2026.doc


decision. Any such decision must be approved by the requisite
majority of the members of the Society in accordance with law.

3.    In view of the above, the Revisional Authority is directed to
decide the Revision Application expeditiously and in any case
within a period of four weeks.

4.    With the aforesaid directions, the writ petition stands
disposed of. There shall be no order as to costs.


                                             (AMIT BORKAR, J.)




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