Bombay High Court

VISHAL T LATHIA AND ORSversusDY REGISTRAR R NORTH WARD AND ORS

Decided: 8 April 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The disqualification order under Section 75(5) of the Maharashtra Cooperative Societies Act is stayed pending the outcome of the revision proceedings.

Summary

The petitioners challenged the rejection of their interim relief application and a stay order against a disqualification order of the housing society's managing committee under the Maharashtra Cooperative Societies Act. The High Court noted concerns about the procedure of the original order and recalled that the petitioners had earlier been allowed to withdraw a related writ petition (L) No. 2251 of 2026. The court stayed the disqualification order pending the revision proceedings and directed that no major policy decisions be taken by the Board of Administrators except day‑to‑day affairs. It ordered the parties to appear before the Divisional Joint Registrar on 9 April 2026 and gave them liberty to raise all contentions, including bias, before the Revisional Authority. The writ petition was disposed of without further notice.

Issues considered

Whether the order rejecting the petitioners' application for interim relief and stay of the disqualification order is legally valid.
Whether the disqualification of managing committee members under Section 75(5) of the Maharashtra Cooperative Societies Act can be stayed pending revision.
Whether the Board of Administrators can take policy decisions during the pendency of the appeal.

Legislation cited

Maharashtra Cooperative Societies Act, 1960 — s. 75(5), 77A(1)(b-1)

Subjects

interim relief
disqualification
housing society
Maharashtra Cooperative Societies Act
revision proceedings
stay order
bias allegation
board of administrators

Judgment

                                                                          909-wp-3206-2026.doc


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

                                     WRIT PETITION NO.3206 OF 2026

                   Vishal T. Lathia & Ors.                       … Petitioners
SHABNOOR
AYUB                           V/s.
PATHAN
Digitally signed
                   Deputy Registrar,
by SHABNOOR
AYUB PATHAN        R – North Ward & Ors.                         … Respondents
Date: 2026.04.08
15:33:37 +0530



                   Mr. Amogh A Singh a/w Mr. Nirav N. Karia i/b
                   Mr.Bhavin Bhatia, for the Petitioners.
                   Mr. O. A. Chandurkar, Addl. GP with Y. D. Patil, AGP, for
                   the State – Respondent Nos.1, 2, and 31.
                   Mr. Gauraj Shah i/b Rachna Mamnani, for Respondent
                   No.9.
                   Mr. A. Y. Sakhare, Sr. Advocate a/w Mr. Subhash Yadav,
                   Ritika Rajheev i/b Mr. Prashant Kulkarni, for
                   Respondent No.12.


                                                CORAM     : AMIT BORKAR, J.

                                                DATED     : APRIL 8, 2026
                   P.C.:

                   1.      The challenge in this petition arises out of an order whereby
                   the application for interim relief application, filed against the order
                   disqualifying the managing committee members of the housing
                   society in exercise of powers under Section 75(5) of the
                   Maharashtra Cooperative Societies Act, 1960, has been rejected.

                   2.      Moreover, the application seeking stay of the order passed in
                   exercise of powers under Section 77A(1)(b-1) of the MCS Act has
                   also been rejected.




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                                                     909-wp-3206-2026.doc


3.    This Court, while issuing notice, had expressed serious
concern regarding the manner in which the original order came to
be passed. It is now brought to the notice of this Court that the
petitioners had earlier approached this Court by filing Writ Petition
(L) No. 2251 of 2026, wherein a Co-ordinate Bench of this Court,
by order dated 4 February 2026, permitted the petitioners to
withdraw the said petition with liberty to avail of statutory
remedies.

4.    Pursuant thereto, the petitioners have filed an appeal before
the Divisional Joint Registrar.

5.    The impugned order records that the charge of the society
has already been handed over to the Authorised Officer.

6.    Considering the nature of the allegations made against the
petitioners, it would be in the interest of justice that, save and
except day-to-day affairs, no policy decisions or major decisions
affecting the administration of the society as a whole shall be
taken by the Board of Administrators till the decision of the
appeal.

7.    The order of disqualification passed against the petitioners
shall remain stayed during the pendency of the revision
proceedings.

8.    The parties shall appear before the Divisional Joint Registrar
on 9 April 2026 at 11 AM. The Revisional Authority shall decide
the revision application as well as the appeal within a period of
one week from the date of appearance of the parties.




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                                                      909-wp-3206-2026.doc


9.    No further notice shall be issued to the parties.

10.   Both parties shall be at liberty to raise all contentions before
the Revisional Authority.

11.   It shall also be open to the petitioners to raise the contention
of bias before the Revisional Authority.

12.   The writ petition is accordingly disposed of.


                                              (AMIT BORKAR, J.)




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