Laxmish Acharya And ORS v. The Deputy Registrar Co Op. Hsg. Soc. And ORS

911-wp5655-2026.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5655 OF 2026 Laxmish Acharya & Others ... Petitioners V/s.

The Deputy Registrar, Cooperative Housing Societies & Others ... Respondents Mr. Atul Damle, Senior Advocate with Mr. Abhishek Patil for the petitioners.

ATUL GANESH KULKARNI Mr. A.A. Alaspurkar, AGP for respondent Nos.1, 2, 3, 5, and 7-State.

ATUL GANESH KULKARNI Date: 2026.05.05 17:50:21 +0530 Mr. Prashant P. Kulkarni with Ms. Rachna Mamnani for respondent Nos.4 and 6.

CORAM

: AMIT BORKAR, J.

DATED : MAY 5, 2026 P.C.:

1.

The learned Advocate appearing for respondent Nos. 4 and 6, upon receiving instructions, has made a statement before this Court that all those persons whose names are reflected in the membership register duly maintained by the society shall be incorporated in the final voters' list. It is further stated that the said exercise of inclusion shall be undertaken and completed within a period of one week from the date of this order. 2.

Having regard to the limited scope of scrutiny as contemplated under Rule 76 of the Maharashtra Cooperative Society (Committee Election) Rules, 2014, it is evident that the

911-wp5655-2026.doc authority exercising such power is confined to a narrow examination and is not vested with jurisdiction to adjudicate upon issues beyond the prescribed parameters. In that view of the matter, the impugned orders, having travelled beyond the permissible limits of such scrutiny, could not have been validly passed.

3.

In light of the aforesaid position, and considering that the impugned orders suffer from lack of authority and jurisdiction, the same cannot be sustained in law. Accordingly, the impugned orders are quashed and set aside.

(AMIT BORKAR, J.)