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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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