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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Petit Mansion C-Wing Cooperative Housing Society Limited – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual background of the writ petition. (Para 1 , 2 , 3 , 4 , 5) |
| 2. contentions of the petitioners and respondents. (Para 6 , 7) |
| 3. analysis of section 154b-27 and its limitations. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. arguments of respondents on power and jurisdiction. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 5. conclusion and quashing of previous orders. (Para 25 , 26 , 27) |
JUDGMENT :
AMIT BORKAR, J.
1. The petitioners have filed this writ petition to challenge the judgment and order dated 24 March 2025 passed by respondent No.2 in Appeal No.53 of 2024. By that judgment and order, respondent No.2 confirmed the order dated 19 December 2023 passed by the Deputy Registrar under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960. The petitioners also challenge the order dated 19 December 2024 passed in Appeal No.201 of 2023 confirming the order dated 20 December 2022 passed under Section 154B-27 of the said Act. The petitioners further challenge the consequential show cause notices dated 5 February 2024 and 10 June 2024 calling upon them to comply with the impugned orders.
2. The facts giving rise to the present writ petition are as follow
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 Registrar's jurisdiction under the Maharashtra Cooperative Societies Act is limited to determining eligibility based on objective facts, excluding complex disputes regarding ownership or membersh....
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
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