Bombay High Court

MAHESH L. CHANDIRAMANIversusASUDA KUTIR CO OPERATIVE HOUSING SOCIETY LTD. AND ORS

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The writ petition is dismissed as it is devoid of merits and the respondents' membership under the Act cannot be questioned.

Summary

The petitioner, Mahesh L. Chandiramani, filed a writ petition challenging the order of the Co-operative Appellate Court which dismissed his appeal against a Co-operative Court order dated 10 June 2024. The earlier order had rejected his application for an interim stay to prevent Opponent Nos.4, 5, 7 and 8 from contesting elections to the Managing Committee of Asuda Kutir Co-operative Housing Society Ltd. The elections had already concluded and the respondents were elected and admitted as members under Section 23(2) of the Maharashtra Co-operative Societies Act, 1960. The High Court held that the petitioner's claim could not question the validity of the respondents' membership and found the writ petition to be without merit. Consequently, the petition was dismissed.

Issues considered

Whether the petitioner could obtain an interim stay to restrain the respondents from contesting the elections to the Managing Committee
Whether the validity of the respondents' membership admitted under Section 23(2) of the Maharashtra Co-operative Societies Act, 1960 can be challenged in the writ petition

Legislation cited

Maharashtra Co-operative Societies Act, 1960 — s. 23(2)

Subjects

Co-operative societies
Membership validity
Elections to Managing Committee
Interim stay
Writ petition
High Court

Judgment

  2026:BHC-AS:36358
                         k                               1/1                          43 wp 7667.26 as.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO.7667 OF 2026
                         Mahesh L. Chandiramani                               ....Petitioner
                              V/S
                         Asuda Kutir Co-operative Housing Society Ltd. & Ors. ....Respondents
                                                       _________
                         Mr. Bharat G. Thorat for the Petitioner.
                         Ms. Arundhati Korale with Ms. Sana Khan for Respondent Nos.4, 5 & 7.
                         Ms. Vaishail S. Nimbalkar, AGP for Respondent No.6/State.
                                                        __________

                                                   CORAM : SANDEEP V. MARNE, J.
                                                   DATE : 1 SEPTEMBER 2026.
                         P.C.:

                         1.       The Petition challenges order dated 1 October 2025 passed by the
                         Co-operative Appellate Court dismissing Appeal from Order No.38 of
                         2024 and confirming the order dated 10 June 2024 passed by the Co-
                         operative Court. By order dated 10 June 2024 Co-operative Court rejected
                         the Application for interim stay to restrain Opponent Nos.4, 5, 7 and 8
                         from contesting the elections to the Managing Committee. There is no
                         dispute to the position that the elections are already over and the
                         contesting Respondents are already elected to the Managing Committee.
                         Even otherwise the contesting Respondents are admitted as members by
                         order passed by the Deputy Registrar under provisions of Section 23(2)
                         of the Maharashtra Co-operative Societies Act, 1960. The validity of their
                         membership prima facie cannot be questioned in the Dispute filed by the
                         Petitioner. Writ Petition is devoid of merits. It is accordingly dismissed.



                                                                                 (SANDEEP V. MARNE, J.)
                          katkam
Signed by: Sudarshan R. Katkam                                 Page No. 1 of 1
Designation: PS To Honourable Judge
Date: 05/09/2026 11:47:35

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