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 transparency and accountability in cooperative governance.

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 By that order, the Managing Committee consisting of the petitioners stood superseded.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 a grievance before the District Deputy Registrar regarding non-supply of documents. On 12 April 2023, the District Deputy Registrar passed an order under Section 154B-27(1) directing the Society to supply documents within seven days and submit a compliance report. On 10 May 2023, the Society emailed respondent No. 4 asking him to pay Rs. 260 for copies of minutes. On the same day, respondent No. 4 deposited copy charges of Rs. 307. On 12 May 2023, the Society supplied minutes of Managing Committee meetings up to February 2023.

3. On 26 April 2023, respondents 4 to 6 filed a common complaint alleging breach of the Society’s by-laws. On 28 April 2023, respondent No. 3 issued a show cause notice to the Society proposing action under Section 154B-23(3). Copies of the notice were served on all Managing Committee members. The petitioners filed a reply on 15 May 2023 contesting the allegations. On 26 May 2023, respondent No. 3 passed an order under Section 154B- 23(3) disqualifying the petitioners and debarring them from contesting Society elections for five years. On 29 May 2023, respondent No. 3 passed a further order under Section 77A(1) appointing an administrator over the Society.

4. On 12 June 2023, the petitioners filed Revision Application No. 236 of 2023 challenging the order passed under Section 77A. On 27 October 2023, respondent No. 2 dismissed the revision application as well as the appeal filed by the petitioners. The present writ petitions came to be filed on 3 November 2023. On 30 November 2023, this Court issued Rule and granted interim relief. The Supreme Court confirmed the interim relief on 10 April 2024.

5. Learned counsel Mr. Kishore Patil submitted that the right to seek copies of documents under Section 154B-8 arises only after payment of dues. He submitted that the Society must supply copies within forty-five days from the date of payment of requisite fees. He pointed out that respondent No. 4 paid charges on 10 May 2023 and the Society supplied minutes on 12 May 2023. He submitted that disqualification of the entire Managing Committee cannot be justified on the allegation of non-supply of documents. According to him, non-su