Bombay High Court
PRABHAKAR TUKARAM KHADEversusTHE STATE OF MAHARASHTRA THRU DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed that the appropriate authority act on the petitioner's application under Section 78A, effectively ordering a decision within the stipulated period.
Summary
The petitioner filed a writ petition seeking a direction that the State of Maharashtra, as Respondent No.1, decide an application filed under Section 78A of the Maharashtra Co‑Operative Societies Act, 1960 for the appointment of an administrator to address alleged maladministration in a cooperative society. The application was received by the Assistant Registrar in December 2025, and the petitioner requested that a decision be made within eight weeks. The High Court, after hearing counsel for both sides, ordered that the learned Additional Government Pleader communicate the court’s direction to Respondent No.2, who is to act on the matter. No substantive discussion on the merits of the application was recorded. Consequently, the petition was disposed of following the court’s procedural direction.
Issues considered
- Whether the authority under Section 78A of the Maharashtra Co‑Operative Societies Act, 1960 is obligated to decide an application for appointment of an administrator within a specified time‑frame.
- Whether the High Court can issue a writ directing the authority to act within eight weeks.
Legislation cited
Subjects
- Section 78A
- Co‑operative societies
- Administrator appointment
- Maladministration
- Writ petition
- High Court
Judgment
1/2 4 WP-9214-26.odt
Salgaonkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANDIRA MILIND Digitally signed by MANDIRA
MILIND SALGAONKAR
SALGAONKAR Date: 2026.09.23 15:38:08 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9214 OF 2026
Prabhakar Tukaram Khade .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
…
Mr.Sagar Joshi for the Petitioner.
Mr.Ketan V. Joshi, ‘B’ Panel Counsel with Smt.S.A.Prabhune,
A.G.P. for the State/Respondent.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 22nd SEPTEMBER, 2026
...
P.C:-
1. The limited grievance of the Petitioner is, Respondent
No.1 is not deciding the application preferred by the Petitioner
under Section 78A of the Maharashtra Co-Operative Societies
Act, 1960 seeking appointment of an Administrator, by
inviting the attention of the Authority to the
maladministration of the society. This complaint/
representation is received by the Assistant Registrar, Co-
Operative Societies in the month of December 2025 and we
expect that if such a serious grievance is made, the Authority
shall apply its mind and take a decision on the same.
We expect such a decision to be taken within a period of
eight (8) weeks from today.
2/2 4 WP-9214-26.odt
Let the learned A.G.P. communicate this order to
Respondent No.2, who shall act upon it.
2. With the aforesaid direction, the Petition stands disposed
of.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
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