Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KAMAL KHATA
Urvinder Singh Pal – Appellant
Versus
Deputy Registrar Co-operative – Respondent
| Table of Content |
|---|
| 1. challenge against disqualification orders. (Para 1) |
| 2. efficacy of alternative statutory remedies. (Para 2 , 3) |
| 3. judicial discretion in exhausting remedies. (Para 4 , 5 , 10) |
| 4. principles of natural justice in show-cause notices. (Para 6 , 14 , 16) |
| 5. material grounds required in show-cause notices. (Para 7 , 8 , 9) |
| 6. general body authority in decision making. (Para 11 , 12 , 25 , 26 , 32) |
| 7. ignored relevant material leads to perverse orders. (Para 30 , 31 , 41 , 49) |
| 8. non-adjudicative nature of show-cause notices. (Para 43 , 46 , 59) |
| 9. result of bypassing alternative remedies. (Para 82 , 83) |
| 10. judgment outcomes. (Para 88) |
Judgment :
KAMAL KHATA, J.
1. By this Writ Petition, the Petitioners challenge:
(i) The Order dated 3rd June 2025 passed by the Respondent No. 1 - Deputy Registrar Co-operative Societies (DRCS) (impugned order) - whereby the Petitioners were disqualified and barred from being re-elected, re-co-opted or re-nominated as members of any Committee until the expiry of one term; and
(ii) The Order dated 17th July 2025 passed by the Respondent No.18 (Divisional Joint Registrar, Co-operative Societies (‘DJRCS’) rejecting ad-interim reliefs seeking stay of im
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....
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.
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....
The court affirmed that only flat owners can manage a co-operative housing society, and the Deputy Registrar acted within jurisdiction under Section 78A of the Maharashtra Co-operative Societies Act,....
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....
Removal of a managing committee under Section 78A of the Maharashtra Cooperative Societies Act requires clear evidence of misconduct and proper procedural compliance.
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 ....
A cooperative society must provide specific allegations prior to expelling members, and any dismissal of membership without due process is unsustainable under the Telangana Cooperative Societies Act.
The court establishes that the removal of a co-opted member from a cooperative society must adhere to Rule 43-A, failing which any subsequent actions are void.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
