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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Harish Arora – Appellant
Versus
Deputy Registrar of Cooperative Societies – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. By way of the present petition instituted under Article 227 of the Constitution of India, the petitioners, who were members of the managing committee of respondent No.9-Society, have assailed the legality, validity, and propriety of three separate but interrelated orders passed by respondent No.1, the Deputy Registrar, Cooperative Societies. First, the petitioners impugn the order dated 11th February 2025 passed under Section 79A(3) of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as “the MCS Act” or “the said Act” for the sake of brevity), whereby they have been disqualified from continuing as members of the managing committee for a period of six years. Second, they also question the consequential order dated 20th February 2025 passed under Section 77A of the said Act, whereby an Authorized Officer has been appointed to take charge of the affairs of the society in place of the elected managing committee. Third, the petitioners challenge the interim order passed by respondent No.10 on 20th February 2025 in pending revision proceedings, directing the parties to maintain status quo in relation to the subject matter arising from t
Government resolutions under the Maharashtra Cooperative Societies Act are directory, not mandatory, and disqualification requires valid procedural compliance and adherence to principles of natural j....
Disqualification of committee members requires clear show cause notices, and alternative remedies must be exhausted before seeking writ relief, affirming the importance of natural justice in administ....
Removal of a managing committee under Section 78A of the Maharashtra Cooperative Societies Act requires clear evidence of misconduct and proper procedural compliance.
The main legal point established in the judgment is the requirement to adhere to principles of natural justice, including providing detailed reasons for decisions and ensuring proper notice and consu....
The court affirmed that the Registrar must prioritize internal management over external control in co-operative societies, using outside appointments only as a last resort.
The main legal point established in the judgment is that an order under Section 76B(2) of the Gujarat Co-operative Societies Act, 1961 cannot be passed without first issuing a notice for breach of Se....
for any reason if a new committee or the management for any reason whatsoever is not elected before the expiry of the term or that such Committee having been held is not functioning, as is the case o....
The court established that disqualification of elected members without a fair hearing violates principles of natural justice, necessitating a proper inquiry process before any punitive action can be ....
The court affirmed that repeated failures to comply with statutory duties under the Maharashtra Co-operative Societies Act justify disqualification of the entire Managing Committee to ensure transpar....
Provisions of Section 76(B(2) would stand somewhat on different footing. This Court when is taking a view that action could be initiated under subsection (2) only after passing order of removal, issu....
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