Bombay High Court

SHRIMANT VITTHAL PUJARIversusTHE STATE OF MAHARASTRA THR THE SECRETARY COOPERATION, MARKETING AND TEXTILES DEPT.AND ORS

Disposal: Disposed Off

Holding

The petition is dismissed as the declaration is a consequential act and the petitioner may pursue the remedy under the Maharashtra Co‑operative Societies Act, 1960.

Summary

Shrimant Vitthal Pujari, the Chairman of a cooperative society, challenged a no‑confidence motion passed against him by filing a writ petition. The Assistant Registrar, Co‑operative Societies, declared the chairmanship vacant and ordered elections to commence. The Court held that this declaration is merely a consequential act and does not bar the petitioner from invoking the remedies available under the Maharashtra Co‑operative Societies Act, 1960 to contest the motion. Consequently, the Court found an alternate remedy and declined to entertain the writ petition. The petition was therefore disposed, with liberty granted to the petitioner to pursue appropriate proceedings under the Act.

Issues considered

Whether the petitioner is precluded from challenging the no‑confidence motion because the Assistant Registrar's declaration of vacancy is a final order.
Whether an alternate remedy under the Maharashtra Co‑operative Societies Act, 1960 is available to the petitioner, rendering the writ petition unnecessary.

Legislation cited

Maharashtra Co-operative Societies Act, 1960

Subjects

no‑confidence motion
cooperative society
alternate remedy
writ petition
vacancy declaration
Maharashtra Co‑operative Societies Act

Judgment

                                                        40 WP-4442-2026(C).doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                        CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 4442 OF 2026

Shrimant Vitthal Pujari.                            ...Petitioner.
        Versus
The State of Maharashtra and Others.                ...Respondents.
                            ——————
Mr. Abhijit D. Kulkarni for the Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondent-State.
                                 ——————
                                   Coram :     Sharmila U. Deshmukh &
                                               Neeraj P. Dhote, JJ.
                                   Date      : September 8, 2026.
P. C. :

1.         Upon a query by this Court as regards the alternate remedy

available to the Petitioner to challenge the no-confidence motion

passed against the Petitioner, learned Counsel appearing for the

Petitioner would point the declaration dated 28 th August 2026 by which

the Assistant Registrar, Co-operative Societies has declared that post of

Chairman has become vacant and therefore election process be started.

We find that the declaration dated 28th August 2026 is a consequential

act to the passing of no-confidence motion and only directs the election

process to commence as the post has fallen vacant. By reason of the

said declaration, the Petitioner is not precluded from availing the

appropriate remedies under the Maharashtra Co-operative Societies

Act, 1960 to assail the no-confidence motion. In view of the availability


Patil-SR                            1 of 2
                                                      40 WP-4442-2026(C).doc


of alternate remedy to the Petitioner, we are not inclined to entertain

the petition. The petition is disposed of with liberty to the Petitioner to

challenge the no-confidence motion passed against him in appropriate

proceedings. All contentions of all parties are expressly kept open.



 [Neeraj P. Dhote, J.]                      [Sharmila U. Deshmukh, J.]




Patil-SR                         2 of 2

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