Bombay High Court
SHRI BALAJI SAHAKARI DUDH VYAVSAYIK SANSTHA MARYADIT THR. CHAIRMAN AND ORS.versusTHE STATE OF MAHARASHTRA THR. SECRETARY DEPT. OF COOPERATION AND ORS.
- Disposal
- Disposed Off
- Bench
- SHAILESH P BRAHME
Holding
The petition is dismissed as the direction does not constitute a cancellation of membership and no such cancellation has occurred.
Summary
The petitioners, a cooperative dairy society and others, challenged a communication dated 29‑06‑2026 issued by the Divisional Deputy Registrar under Section 79(1) of the Maharashtra Co‑operative Societies Act, which directed the Federation (respondent No. 6) to consider terminating the membership of constituent cooperative societies. The respondents contended that the communication merely instructed the Federation to initiate the procedure and that no actual cancellation had occurred. The Court observed that there was no cancellation of membership at the time and that the direction was not itself a cancellation order. Consequently, the Court found no ground to entertain the writ petition and disposed of it without expressing any view on the merits, emphasizing that due process must be followed. The petition was therefore dismissed.
Issues considered
- Whether the direction issued under Section 79(1) of the Maharashtra Co‑operative Societies Act amounts to a cancellation of membership that can be subject to judicial review.
- Whether the writ petition is maintainable in view of the nature of the direction.
Legislation cited
- Maharashtra Co-operative Societies Act — s. 79(1)
Subjects
- Co-operative societies
- Membership cancellation
- Section 79
- Administrative direction
- Writ petition
- High Court
- Maintainability
Judgment
2026:BHC-KOL:5057
1 904 wp 2881.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2881 OF 2026
Shri Balaji Sahakari Dudh Vyavsayik
Sanstha Maryadit Thr. Chairman
and others .. Petitioners
Versus
The State of Maharashtra, through
the Secretary, Department of
Cooperation and others .. Respondents
Shri S. S. Patwardhan, Advocate a/w Shri Bhooshan R. Mandlik,
Advocate a/w Shri Anurag Patwardhan and Shri Ajay Raje
Nimbalkar, Advocates for the Petitioners.
Shri S. B. Talekar, Special Counsel a/w Shri B. V. Samant, Addl.
G. P. a/w Shri S. P. Kamble, A.G.P for the Respondent Nos. 1 to 5.
Shri Shubham Dhenge, Advocate for the Respondent No. 6.
CORAM : SHAILESH P. BRAHME, J.
DATE : 02ND JULY, 2026.
FINAL ORDER :
. Heard both sides.
2. Petitioners are aggrieved by directions issued U/Sec. 79(1)
of the Maharashtra Co-operative Societies Act by the Divisional
Deputy Registrar vide communication dated 29.06.2026
addressing the respondent No. 6 – Federation to undertake an
action for termination/cancellation of the membership of
constituent Co-operative Societies.
2 904 wp 2881.26
3. This Court need not go into the aspect as to whether
impugned order is quasi judicial or administrative.
4. Learned Special Counsel Mr. S. B. Talekar appearing for
the respondent Nos. 1 to 5 makes a candid statement that by the
impugned communication only directions are issued to the
respondent No. 6 – Federation regarding action to be taken for
cancellation of membership. He submits that due procedure
would be followed by the respondent No. 6 – Federation for taking
action against the petitioners or the constituent Co-operative
Societies.
5. There is no cancellation or termination of the membership
of petitioner’s societies as yet. The direction is not for
cancellation or termination of the membership. In view of the
solemn statement made on behalf of the respondent Nos. 1 to 5,
which is also acceptable to the learned counsel for the respondent
No. 6, there is no reason to entertain the petition any further.
6. The writ petition is disposed of. This Court has not
expressed any opinion on merits of the matter. It is expected
that due procedure shall be followed and decision shall be taken
on merits of the matter.
[ SHAILESH P. BRAHME J. ]
bsb/July 26
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