Bombay High Court

BHIMRAO SHIVRAM PATILversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The certificate dated 4/9/2010 issued under Section 101 of the Maharashtra Co-operative Societies Act is quashed and set aside.

Summary

The petitioner challenged a certificate issued on 4 September 2010 under Section 101 of the Maharashtra Co-operative Societies Act by the Assistant Registrar, alleging that the statutory procedure and the right to a hearing were not observed. The petitioner argued that the failure to follow the Act and Rules rendered the certificate invalid. Respondents conceded the procedural lapse. The Court quashed the certificate, directing the parties to appear before the Assistant Registrar on 8 September 2026, who must provide an opportunity to reply, conduct a proper hearing, and pass appropriate orders within three months. The writ petition was consequently disposed.

Issues considered

Whether the issuance of a certificate under Section 101 of the Maharashtra Co-operative Societies Act without compliance of the prescribed procedure and without granting a hearing violates the statutory requirements.
Whether the certificate dated 4 September 2010 can be quashed on the ground of procedural irregularity.

Legislation cited

Maharashtra Co-operative Societies Act — s. 101

Subjects

Co-operative Societies
Section 101
certificate
procedural compliance
right to hearing
quash
writ petition
administrative law

Judgment

2026:BHC-AUG:40173
                                                               Writ Petition No.6735/2014
                                              :: 1 ::


                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY

                                 BENCH AT AURANGABAD


                              WRIT PETITION NO.6735 OF 2014


            Bhimrao Shivram Patil                              … PETITIONER

                     VERSUS

            The State of Maharashtra & ors.                    … RESPONDENTS

                                              .......
            Mr. Vijay B. Patil, Advocate for petitioner
            Mr. V.M. Chate, A.G.P. for State
            Mr. D.B. Thoke, Advocate for respondents No.3 and 4
                                             ....…

                                    CORAM : SACHIN S. DESHMUKH, J.
                                    DATE       : 27th AUGUST, 2026

            PER COURT :


            1.          Heard. The challenge raised in the present petition is to

            the issuance of certificate under Section 101 of the Maharashtra

            Co-operative Societies Act, by the Assistant Registrar, Co-operative

            Societies, Erandol, District Jalgaon.


            2.          Learned     counsel     for     the   petitioner   vehemently

            submitted that, while issuing the certificate under Section 101 of the

            Maharashtra Co-operative Societies Act, the procedure as

            contemplated under the Maharashtra Co-operative Societies Act
                                             Writ Petition No.6735/2014
                               :: 2 ::


and Rules was not complied with, and the opportunity of hearing

was not extended to the petitioner.


3.         When confronted with this, Mr. Thoke, learned counsel

for respondents No.3 and 4 fairly concedes the same. In that view

of the matter, the certificate dated 4/9/2010 is quashed and set

aside.


4.         The parties are relegated to the authority i.e. the

Assistant Registrar, Co-operative Societies, Erandol, District

Jalgaon. The parties shall appear before the Assistant Registrar on

8th September 2026.


5.         The Assistant Registrar shall extend opportunity to put

forth reply and grant a proper hearing to the litigating sides and

pass appropriate orders in accordance with law within a period of

three months from the date of appearance of the parties.


6.         With the aforesaid directions, Writ Petition stands

disposed of.




                                   (SACHIN S. DESHMUKH, J.)
fmp/-

Continue reading with your account

Checking your session…