Vijay S Khandekar And ORS v. The State Of Maharashtra Thr Minister For Cooperation And ORS

903-wp-2132-2025.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2132 OF 2025 SHABNOOR AYUB PATHAN Vijay S Khandekar & Ors.

... Petitioners V/s.

The State of Maharashtra Through Minister for Cooperation & Ors.

... Respondents SHABNOOR AYUB PATHAN Date: 2025.02.13 18:03:29 +0530 Mr. G. N. Salunke with Mr. Amol Laxman Dhumal for petitioners.

Ms. Kavita N. Solunke, AGP for State - respondent. Mr. Umesh Kurund for respondent No.4.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 13, 2025 P.C.:

1.

Issue notice to respondents, returnable on 27 March 2025. 2.

On perusal of the report under Section 88 of the Maharashtra Cooperative Societies Act, 1960 ("MCS Act"), it is evident that the Authorised Officer under Section 88 of the MCS Act, had specifically directed to recover an amount from the funds of the society. However, the Registrar while exercising power under Section 85 of the MCS Act, declared that the managing committee liable for costs personally. With the result, the managing committee members become disqualified under the Act. Therefore, the order declaring the managing committee personally responsible under Section 85 needs to be stayed.

903-wp-2132-2025.doc 3.

Hence, till the next date, there shall be ad-interim relief in terms of prayer clause (d).

(AMIT BORKAR, J.)