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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J
Prakash Raghunath Saave – Appellant
Versus
State Of Maharashtra – Respondent
Judgment :
1) The broad issues that arise for consideration in the present Petition are as under:
(i) Whether it is lawful for the Registrar to prescribe, by way of a Circular, higher number of persons than the one prescribed in sub-section (1) of Section 6 of the Maharashtra Co-operative Societies Act, 1960 (MCS Act), who need to sign an application for registration of a cooperative society?
(ii) If the answer to the above question is in the affirmative, whether the prescribed percentage of flat purchasers in such Circular can be applied in relation to the total number of flats sanctioned and/or completed or whether the same needs to be applied in relation to the total number of flats sold at the time of filing of application for registration of the society?
2) Above questions arise in the light of challenge set up by the Petitioner to order dated 21 August 2024 passed by the Hon’ble Minister (Co-operation) dismissing the Appeal preferred by him and confirming the order dated 8 November 2023 passed by the Divisional Joint Registrar of Co-operative Societies, Konkan Division, Navi Mumbai, allowing Miscellaneous Application No.39 of 2023 filed by Respondent No.4-Developer thereby orderi
The Registrar of Co-operative Societies has the authority to prescribe a higher number of signatories for registration than the statutory minimum, and such Circulars are enforceable.
Court ruled that separate societies for mixed-use buildings are permitted only if substantial independent functioning and separation exist, as required by statutory provisions.
The registration of a Federal Society under the Maharashtra Co-operative Societies Act must comply with the provisions of both the MCS Act and RERA, and is contingent upon project completion.
A registration order under the Maharashtra Cooperative Societies Act must be reasoned to ensure accountability and compliance with statutory requirements, enabling effective judicial review.
The court emphasized that registration of a Cooperative Housing Society without following proper jurisdictional authority and principles of natural justice is void ab initio.
Promoters must disclose the precise nature of the organization (cooperative society or otherwise) in agreements, and unilateral declarations that lack collective consent do not comply with statutory ....
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