Ganesh Laxman Mhaske And Others v. The State Of Maharashtra Through Its Secretary And Others

21-wp-3092-2024.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3092 OF 2024 Ram VKS (Vikas) Seva Sanstha Maryadit Nangnur ... Petitioner V/s.

The State of Maharashtra Through Ministry for Co-operation and Ors.

... Respondents NIKITA KAILAS DARADE by NIKITA KAILAS DARADE Date: 2024.03.05 17:57:32 +0530 Mr. Ruturaj Pawar, for the Petitioner.

Mrs. V. R. Raje, AGP for the State-Respondent. Mr. Sanjay Kulkarni AGP for Respondent No.7.

CORAM : AMIT BORKAR, J.

DATED : MARCH 5, 2024 P.C.:

1.

The report of the Committee indicates that 12 members are common between the petitioner and respondent No.7 Society. The requirement under the government resolution issued under Section 3 of the Maharashtra Cooperative Societies Act, 1960 is 75 members. Despite such report, containing 12 common members, the proposal of respondent No.7 was having 83 members has been allowed.

2.

Prima facie, the proposal does not satisfy the requirements for the government resolution. However, despite such material on record, the Minister has allowed the pre-registration permission under Section 9 of the Act. More shockingly, the society is

21-wp-3092-2024.doc registered on the same day.

3.

Therefore, till the next date, the order passed by the Minister and the order of registration shall remain stayed. 4.

Stand over to 12th March 2024.

(AMIT BORKAR, J.)