Ashok Kumar Sharma And ORS v. The Hon.Divisional Joint Registrar Co-Op Socieities And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11481 OF 2025 Ashok Kumar Sharma and Ors ...

Petitioners V/s.

The Hon. Divisional Joint Registrar Co-Op Societies and Ors ...

Respondents ------------------- Mr. Sachin Mahadik with Mr. Tanay Musale, Usha Tiwari, Mahima Sharma and Vandana Tiwari, for the petitioners. Mr. Surel Shah, Senior Advocate with Khushboo Chughani i/by Markand Gandhi and Co. for the respondent Nos. 4. Ms. S.D. Chipade, AGP, for the State/Respondent No. 1. Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.09.03 18:14:12 +0530 -------------------- VARSHA DEEPAK GAIKWAD

CORAM

:

N.J. JAMADAR, J.

DATE :

2nd SEPTEMBER 2025 PC:

1.

Heard the learned counsel for the petitioners. 2.

The challenge in this petition is to an order dated 14th August 2025, passed by the Divisional Joint Registrar in an appeal preferred by the petitioners being aggrieved by an order passed by the Deputy Registrar on 27th May 2025 under Section 78(A)(1)(b) of the Maharashtra Cooperative Societies Act, 1960 whereby the Divisional Joint Registrar has closed the application for condonation of delay and the main appeal for order with liberty to the parties to file written submissions within 15 days thereof.

3.

Learned counsel for the petitioners submitted that the petitioners had moved the Appellate Authority for a stay to the execution, operation and implementation of the order passed by the Deputy Registrar, as the authorised officer has declared the election programme and the election to the committee of the society was scheduled to be held on 1st September 2025.

4.

Learned counsel for the petitioners submits that since the elections have been held on 1st September 2025, the limited prayer of the petitioners in this petition is to direct the Appellate Authority to decide the appeal expeditiously, and, in the meanwhile, restrain the newly elected body from taking over the charge of the affairs of the society.

5.

The Court finds that the Deputy Registrar had passed the order disqualifying the petitioners under Section 78(A)(1)(b) of the Act, 1960, on 27th May 2025. The appeal was not preferred within the stipulated period. Hence, the application for condonation of delay in filing the appeal came to be filed. In the intervening period, the authorised officer came to be appointed, and the election programme was declared. The elections were held on 1st September 2025. 6.

In this background, at this stage, though the prayer for expeditious disposal of the proceedings before the Divisional Joint Registrar is justifiable, yet, the further prayer to restrain the newly elected committee from taking charge of the affairs of the society cannot be countenanced.

7.

Hence, the petition stands disposed with a request to the

Divisional Joint Registrar to decide the appeal No. 175 of 2025 and the applications therein, as expeditiously as possible, and preferably, within a period of three weeks from the date of the communication of this order, as the appeal has already been closed for orders. 8.

It is clarified that this Court has not entered into the merits of the matter and the Appellate Authority shall decide the appeal on its own merits and in accordance with law.

9.

All the contentions of all the parties as to the consequences that emanate from the decision in the appeal, are kept open for consideration.

(N.J. JAMADAR, J)