Bombay High Court
CHANDRAKANT MANDAVKAR AND ANRversusTHE DEPUTY REGISTRAR CO-OP SOCIETIES MAHADA MUMBAI AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The order of the Joint Registrar is set aside and the revision application is remanded for fresh adjudication.
Summary
The petitioners, Chandrakant Mandavkar and another, challenged the order dated 12 February 2026 of the Joint Registrar, Co-operative Societies, which rejected their revision application against the Deputy Registrar’s order disqualifying the society’s chairman, secretary and treasurer for five years under Section 75(5) of the Maharashtra Co-operative Societies Act. The Deputy Registrar had found violations of Sections 75(2), 75(2A) and 75(4) for not placing audit rectification reports before the general body meetings for the financial years 2019‑2020 and 2020‑2021. The petitioners contended that the audit reports had been approved by the general body and the government auditor, invoking the supremacy of the general body under Section 72, and argued that the Joint Registrar failed to consider these grounds, amounting to a non‑application of mind. The Court held that the Joint Registrar’s order was unsustainable and set it aside, remanding the revision application for fresh adjudication while maintaining the interim relief. Consequently, the writ petition was partly allowed and disposed of without costs.
Issues considered
- Whether the Joint Registrar correctly applied mind in rejecting the revision of the Deputy Registrar’s order.
- Whether there was a violation of Sections 75(2), 75(2A) and 75(4) of the Maharashtra Co‑operative Societies Act by not placing audit rectification reports before the general body.
- Whether the approval of the audit reports by the general body and the government auditor negates the alleged violation under the Act.
Legislation cited
- Maharashtra Co-operative Societies Act, 1960 — s. 72, 75(2), 75(2A), 75(4), 75(5)
Subjects
- Co-operative societies
- Disqualification of office bearers
- Audit report compliance
- Revision of administrative order
- Non‑application of mind
- Interim relief
Judgment
2026:BHC-AS:39926
Renuka Thakur 40-WP-4316-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4316 OF 2026
Chandrakant Mandavkar and Anr. ...Petitioners
V/s.
The Deputy Registrar Co-Op Societies ...Respondents
Mahada Mumbai and Ors
________________
Mr. Prashant P. Kulkarni a/w Ms. Rachna Mamnani, Ms. Ritika Rajeev for
Petitioner.
Mr. R. N. Mulla for Respondent No. 3.
Mr. A. A. Alaspurkar, AGP for Respondent-State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 28 SEPTEMBER 2026.
P.C.:
1) The Petitioner challenges order dated 12 February 2026
passed by the Joint Registrar, Co-operative Societies, SRA, Mumbai (Joint
Registrar) rejecting the Revision Application No. 553 of 2023 and
confirming the order dated 25 October 2023 passed by the Deputy
Registrar. By order dated 25 October 2023, the Deputy Registrar, in
exercise of powers under Section 75 (5) of the Maharashtra Co-operative
Societies Act, 1960 (MCS Act), has disqualified the chairman, secretary
and treasurer of the society from being members of the managing
committee and from being elected as members of the managing
committee for a period of a 5 years.
Page No.1 of 3
28 SEPTEMBER 2026
Renuka Thakur 40-WP-4316-2026.docx
2) I have heard Mr. Kulkarni, the learned counsel appearing for
the Petitioner, Mr. Mulla, the learned counsel appearing for Respondent
No. 3 and Mr. Alaspurkar, the learned AGP appearing for Respondent-
State and have considered the submissions canvassed by them.
3) Perusal of the order passed by the Deputy Registrar would
indicate that he has recorded a finding that there is violation of
provisions of Section 75(2), (2A) and (4) of the MCS Act by not placing
before the general body, the audit rectification report while conducting
annual general body meetings for the years 2019-2020 and for the year
2020-2021.
4) It appears that in the revision filed before the Divisional
Registrar, the Petitioners specifically raised following ground :-
j) That, in respect of Annual Report, Balance Sheet of the society
for the said period 2019-2020 and 2020-2021, the Ld. Respondent
No.1 failed to consider that the General Body of Society as well as
the Government Certificate Auditor have acknowledged and
approved the balance sheet for the financial years 2019-2020 and
2020-2021 without raising any doubt and thus, anything against the
said Audit Reports is improper, illegal, bad-in-law and against the
supremacy given to the General Body of the Society as per Section 72
of the MCS Act, 1960.
5) Additionally, Petitioners specifically pointed out before the
Joint Registrar that there is no violation of provisions of Section 75 (2)
(2A) and 4 of the MCS Act since all the requisite documents were
produced before the general body meeting. However, it appears that the
Joint Registrar has failed to adjudicate the grounds raised by the
Petitioners. Perusal of the order passed by the Joint Registrar would
indicate that he has merely reproduced provisions of Section 75 of the
Page No.2 of 3
28 SEPTEMBER 2026
Renuka Thakur 40-WP-4316-2026.docx
MCS Act. There is no application of mind by the Joint Registrar to
various grounds raised by the petitioners. The order passed by the Joint
Registrar suffers from vice of non-application of mind. The order is
therefore unsustainable and deserves to be set aside. In my view
therefore, proceedings need to be remanded to the Joint Registrar for
fresh adjudication.
6) Petition succeeds in part and I proceed to pass the following
order:-
(i) Order dated 12 February 2026 passed by the Joint
Registrar is set aside.
(ii) Revision Application No. 553 of 2023 is remanded to
the Joint Registrar for a fresh adjudication.
(iii) Till the Joint Registrar decides the revision, ad-interim
relief granted by this Court by order dated 7 April 2026
shall continue to operate.
(iv) All contentions of parties on merits are expressly kept
open.
7) With the above directions, Writ Petition is partly allowed
and disposed of. There shall be no order as to costs.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.3 of 3
Designation: PA To Honourable Judge 28 SEPTEMBER 2026
Date: 01/10/2026 10:40:10
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