SHAILENDRA ANAVKAR AND ORSversusDEPUTY REGISTRAR CO OP SOC AND ORS

2026:BHC-AS:36806
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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO.6464 OF 2026

             Shailendra Anavkar & Ors.                                 ....Petitioners
                   V/S
             The Deputy Registrar,
             Co-operative Societies, MHADA & Ors.                      ....Respondents
                                           _________

             Mr. Sanjiv A. Sawant a/w Mr. Abhishek Deshmukh and Ms. Bhakti P.
             Wast for the Petitioners.
             Mr. Sandesh Deshpande with Ms. Janhavi Chaudhari for Respondent
             Nos.3 and 4.
             Ms. Ashwini A. Purav, AGP for Respondent Nos.1, 5 and 6/State.
                                          __________

                                       CORAM : SANDEEP V. MARNE, J.
                                       DATE : 7 SEPTEMBER 2026.

             P.C.:


             1.       The Petition challenges order dated 24 April 2026 passed by the
             Joint Registrar Co-operative Societies, SRA, Mumbai, dismissing Revision
             Application No.214 of 2025 and confirming the order dated 28 October
             2025 passed by Deputy Registrar. By order dated 28 October 2025, the
             Deputy Registrar, in exercise of powers under Section 75(5) and 78A of
             the Maharashtra Co-operative Societies Act, 1960 (MCS Act), has
             disqualified the Petitioners from being managing committee members
             and from being elected as committee members for a period of five years.


             2.       I have heard Mr. Sawant, the learned counsel appearing for the
             Petitioners, Mr. Deshpande, the learned counsel appearing for the
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Respondent Nos.3 and 4 and Ms. Purav, the learned AGP appearing for
Respondent No.1, 5 and 6/State.


3.       It appears that a show-cause notice was issued by the Deputy
Registrar on 25 August 2025 proposing to initiate action under
provisions of Section 75(5) and 78A of the MCS Act alleging inter alia
that Petitioners had failed to place before General Body of the Society
audit rectification report pertaining to the year 2023-2024. However,
while passing the final order dated 28 October 2025, the Deputy
Registrar travelled beyond the scope of show-cause notice and has
recorded a finding that there is a failure to submit audit rectification
report for approval of General Body even qua year 2024-2025. The
Divisional Joint Registrar has also held that there is a failure on the part
of the Petitioners to place audit rectification report for the year 2024-
2025 before the General Body.


4.       So far as allegation of failure to place before the General Body
audit rectification report for the year 2023-2024 is concerned, the
Affidavit-in-Reply filed by the Deputy Registrar would indicate that in
the meeting of the General Body held on 29 September 2024 for the year
2023-2024, audit rectification report was placed and has been approved
by the General Body.


5.       Thus, the impugned orders passed by the Deputy Registrar and the
Joint Registrar are clearly perverse so far as findings relating to audit
rectification report for the year 2023-2024 are concerned. So far as

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allegation qua the year 2024-2025 is concerned, the impugned orders are
clearly beyond the scope of show-cause notice.


6.       This Court noticed the apparent errors in the orders passed by the
Deputy Registrar and Joint Registrar and has passed following order on 8
May 2026:

         “1.     Prima facie, the documents placed on record before the Authorities
         under the Act indicate that the compliance as required under Sections 75 and
         82 have been satisfied by the petitioners. This fact was pointed to the
         Authorities, and the Authorities have referred this fact in the order. However,
         while passing and confirming order of disqualification, factual incorrect
         findings are recorded. The Revisional Authority has even exceeded his brief by
         recording a finding regarding non-compliance for the year 2024-2025 when
         the show-cause notice was issued in August 2024 and was restricted to period
         prior to 2023-2024. This shows that there is deliberate non-compliance of the
         judgment of this Court.
         2.     Hence, respondent Nos.1 and 5 shall file their personal affidavit as to
         why departmental inquiry, or any other action warranted in the facts of case
         based on judgment of the Supreme Court in the case of Union of India vs. K.K.
         Dhawan, 1993 (2) SCC 56 shall not be initiated against them.
         3.     List this writ petition on 27 July 2026.
         4.      Unitil further orders, there shall be ad-interim relief in terms of prayer
         clause (b).”


7.       In pursuance of order dated 8 May 2026, the Deputy Registrar has
filed a personal Affidavit dated 23 July 2026. The Affidavit itself indicates
that audit rectification report for the year 2023-2024 was placed before
the General Body and was approved. The Joint Registrar has also filed his
personal Affidavit dated 24 July 2026. Both the officers have attempted
to justify the orders passed by them. It is sought to be contended in the
Affidavits that though the ambit of the show-cause notice was restricted
to the year 2023-2024, records produced by the Petitioners relating to
the year 2024-2025 were also taken into consideration for the purpose of
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                         making the impugned orders. However, merely because a party produces
                         record outside the scope of show-cause notice, the same does not mean
                         that disqualification can be ordered on the basis of material which does
                         not form part of the show-cause notice.


                         8.       Though the orders passed by the Deputy Registrar and the Joint
                         Registrar are found to be erroneous, I do not proposes to direct any
                         personal action against them considering the explanation pleaded in the
                         Affidavits.


                         9.       Petition accordingly succeeds and I proceed to pass following
                         order:


                                  i)    Order dated 24 April 2026 passed by the Joint Registrar and
                                  order dated 28 October 2025 passed by the Deputy Registrar are
                                  set aside.


                         10.      Writ Petition is allowed in above terms. There shall be no order as
                         to costs.


                                                                                  (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                  Page No. 4 of 4
Designation: PS To Honourable Judge
Date: 08/09/2026 14:46:43