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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Nair Pushpa Sureshkumar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. The first petition, Writ Petition No. 14087 of 2023, challenges an order passed under Section 77A of the Maharashtra Co-operative Societies Act, 1960. By that order, the Managing Committee consisting of the petitioners stood superseded. The companion petition, Writ Petition No. 14098 of 2023, challenges the order passed under Section 154B-23. That order has disqualified the petitioners from holding the post of Managing Committee members for five years.
2. The facts giving rise to these petitions are stated here. On 20 November 2022, the petitioners were elected as members of the Managing Committee of respondent No. 8 Society. On 18 January 2023, respondent No. 4 emailed the Society seeking copies of minutes of Managing Committee meetings held since October 2022. On 23 February 2023, the District Deputy Registrar, Pune directed the Society to provide the documents sought by respondent No. 4 upon payment of prescribed fees within forty-five days of such payment. On 10 March 2023 and 30 March 2023, respondent No. 4 again sent emails seeking the minutes and seeking information about the fees payable under by-law 170. On 11 April 2023, respondent No. 4 lodged
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....
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 ....
Removal of a managing committee under Section 78A of the Maharashtra Cooperative Societies Act requires clear evidence of misconduct and proper procedural compliance.
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....
The Registrar must consider the reasonability of the excuse offered by the affected party before imposing disqualification or penalty under Section 75 (5) of the Act, 1960.
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.
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....
Legal action under S.78 of the Maharashtra Co-operative Societies Act must respect principles of natural justice, including the right to respond to specific charges.
Statutory evidentiary presumptions in cooperative meeting minutes outweigh informal attendance claims.
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