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2023 Supreme(Online)(Bom) 3268

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
Janhit Nagari Sahakari Pat Sanstha Maryadit, Pune. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. S. Panchpor, i/b. Radhika Panchpor
For the Respondents: Mr. A. P. Vanarase, AGP

Table of Content
1. the inquiry into a society's affairs can be challenged based on its initiation by non-members. (Para 2 , 3 , 4)
2. counsels present arguments regarding jurisdictional grounds and statutory provisions. (Para 5 , 6 , 7)
3. court observes the need for independent reasoning in administrative decisions. (Para 10 , 14)
4. decision criticized due to lack of independent assessment. (Para 17)
5. writ petition allowed; previous orders are set aside. (Para 18)
JUDGMENT:

1. Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for the parties, Petition is taken up for hearing.

2. The Petition raises an issue as to weather an inquiry into working or financial affairs of a Society can be ordered by the Registrar on the basis of an application made by a non-member. The issue arises in the light of challenge set up by Petitioner - Society to the decision of the Deputy Registrar dated 02 July 2019 appointing Special Auditor to conduct inquiry into the allegations levelled in the complaint filed by individuals who are not the members of the society. Petitioner-Society unsuccessfully challenged the decision of the Deputy Registrar dated 02 July 2019 befor

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