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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Shree Jagrutti Cooperative Housing Society Ltd – Appellant
Versus
Shree Jagruti CHS Proposed – Respondent
JUDGMENT :
Amit Borkar, J.
1. The petitions arise from proceedings under Section 9 of the Maharashtra Cooperative Societies Act. The record shows that the Registrar issued only a certificate of registration. No reasons were recorded. This omission goes to the root of the matter.
2. For deciding the issue involved in these petitions, it is necessary to place on record the statutory scheme that governs the power of registration. The relevant provisions are Section 9, Section 154B 2, and Section 154B 3 of the Maharashtra Cooperative Societies Act. These provisions must be set out because they show the width of the Registrar’s duty, the conditions to be verified, and the nature of the satisfaction required before a society can be registered. They form the legal foundation on which the question before the Court must be examined.
“9. Registration.—(1) If the Registrar is satisfied that a proposed society has complied with the provisions of this Act and the rules, 108[or any other law for the time being in force, or policy directive's issued by the State Government under Section 4, and that its proposed by-laws are not contrary to this Act or to the rules, he 109[shall, within two months, fr
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 Competent Authority must properly consider the provisions of the Acts and the validity of the 'deed of Declaration' when deciding on the registration of a housing society.
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.
The Deputy Registrar lacks jurisdiction to adjudicate membership and ownership disputes under Section 154B-27 of the Maharashtra Cooperative Societies Act, which only allows for enforcement of existi....
The court emphasized that registration of a Cooperative Housing Society without following proper jurisdictional authority and principles of natural justice is void ab initio.
Court ruled that separate societies for mixed-use buildings are permitted only if substantial independent functioning and separation exist, as required by statutory provisions.
A competing co-operative society lacks locus standi to challenge another's registration unless it suffers a legal wrong, underscoring the principle that competition must be encouraged.
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