MAHESH MADHUKAR BHARTIYA v. DIVISIONAL JOINT REGISTRAR CO OP. MUMBAI AND ORS
WP/16171/2025 · 2026-06-25
Shri Sandeep V Marne
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3323 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3323 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neeta Sawant 1/16 WP 16171 of 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16171 OF 2025 Mahesh Madhukar Bhartiya ....Petitioner V/S
1. Divisional Joint Registrar (Co-operative) Mumbai Divisional, Mumbai
2. Deputy Registrar, Co-operative Societies, Mumbai
3. Mr. Sanjay B. Salavi Chairman,
4. Mr. Sanjay Kukian, Secretary
5. Mr. Madhu A.V. Treasurer Lok Nisarg Co-operative Housing Society Limited, Mulund (W), Mumbai. ....Respondents _________ Mr. Mandar Limaye with Mr. Nagraj Tarde for the Petitioner. Ms. Mamta S. Shrivastava, AGP for Respondent Nos.1 and 2/State. Ms. Seema Chopda with Mr. T.R. Yadav for Respondent Nos.3 to 5. __________ Page No.
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CORAM: SANDEEP V. MARNE, J. RESERVED ON: 18 JUNE 2026. PRONOUNCED ON: 25 JUNE 2026. J U D G M E N T:
1. By this Petition 9led under provisions of Article 227 of the Constitution of India, Petitioner has challenged order dated 20 November 2025 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai (Divisional Joint Registrar) allowing Revision Application No.319 of 2025 9led by Respondent Nos.3 to 5 and setting aside the order dated 18 August 2025 passed by the Deputy Registrar, Co-operative Societies, T Ward, Mumbai (Deputy Registrar). By order dated 18 August 2025 passed under provisions of Section 154B-23(3) of the Maharashtra Co-operative Societies Act, 1960 (MCS Act), the Deputy Registrar had disquali9ed Respondent Nos.3 to 5 from acting as Managing Committee members of the Society for a period of 9ve years. 2. Lok Nisarg Co-operative Housing Society Limited is registered under provisions of MCS Act and which is formed by >at purchasers of buildings comprising 7 Wings and 281 members including 11 commercial units. The Managing Committee of the 6th Respondent- Society was constituted for the term 2023-2028. Respondent Nos.3 to 5 were elected as Managing Committee members of the Society. Petitioner is one of the members of Respondent No.6-Society and had demanded Compact Disk (CD) in respect of Special General Body Meeting (SGM) conducted in May 2023 and Annual General Body Meeting (AGM) held on 10 September 2023. Accordingly, Petitioner, alongwith other members, had submitted letter dated 27 January 2024 to the Deputy Page No.
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Neeta Sawant 3/16 WP 16171 of 2025 Registrar complaining about non-receipt of the CD. Another complaint dated 16 April 2025 was submitted by the Petitioner. The Deputy Registrar issued letter dated 15 May 2025 to the Chairman/Secretary of the Society directing supply of demanded documents after recovering copying fees. Petitioner served advocate notice dated 7 June 2025 complaining about non-receipt of demanded documents. On 18 June 2025, the Deputy Registrar 9xed a hearing in respect of complaint of Petitioner on 7 July 2025. The Society deposited the demanded documents with the of9ce of Deputy Registrar, but Petitioner refused to accept the said documents. The Society also took a stand that unless Petitioner handed over complete charge of records in respect of Committee’s tenure 2015-2023, his demands could not be satis9ed.
The Deputy Registrar therefore issued a show cause notice under provisions of Section 154B-23(1)(iii) of the MCS Act to the Society for disquali9cation of Chairman, Secretary and Treasurer thereof. The hearing in the show cause notice was conducted on 7 August 2025. 3. The Deputy Registrar passed order dated 18 August 2025 disqualifying Respondent Nos.3 to 5 from being managing committee members for a period of 9ve years. On the same day, another order was passed under Section 77A(b-1) of the MCS Act noticing that 9ve members of the managing committee had resigned and since three members were disquali9ed, there was no managing committee for looking after day-to-day affairs of the Society. Accordingly, by order dated 18 August 2025, the Deputy Registrar appointed an authorized of9cer to look after the day-to-day affairs of the Society. Page No.
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4. Respondent Nos.3 to 5 preferred Revision Application No.319 of 2025 in respect of order of disquali9cation and Appeal No.187 of 2025 in respect of order appointing authorized of9cer. Both Revision as well as Appeal were heard together by the Divisional Joint Registrar and by common order dated 20 November 2025, both the impugned orders passed on 18 August 2025 by the Deputy Registrar have been set aside. Petitioner is aggrieved by the order passed by the Divisional Joint Registrar on 20 November 2025 and has accordingly 9led the present Petition. 5. By order dated 9 December 2025, this Court admitted the Petition. Petitioner 9led Special Leave Petition (C) No.27172 of 2026 before the Hon’ble Supreme Court challenging the order of admission dated 9 December 2025. By order dated 15 May 2026, the Hon’ble Apex Court
disposed of the Special Leave Petition by granting liberties to the Petitioner to press for interim relief as well as to seek expeditious disposal of the Writ Petition. Accordingly, by order dated 15 June 2026, the Writ Petition was directed to be listed for 9nal hearing on 18 June
2026. 6. Mr. Limaye, the learned counsel appearing for the Petitioner submits that the Divisional Joint Registrar has grossly erred in setting aside the order of the Deputy Registrar. That non-supply of demanded documents is an admitted fact as the documents were produced by the Society directly before the Deputy Registrar. He relies on the provisions of Section 154B-8 of the MCS Act in support of his contention that it is the duty of the Managing Committee to furnish minutes of SGM and Page No.
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Neeta Sawant 5/16 WP 16171 of 2025 AGM. That in the present case, despite repeatedly demanding minutes of SGM held in May 2023 and AGM held in September 2023, the Society failed to furnish the said documents. That the Divisional Joint Registrar has erred in setting aside the order of the Deputy Registrar only on account of non-payment of copying charges. That copying charges were never intimated to the Petitioner. In support of his contention of right of a member to inspect and secure copies of records of the Society, Mr. Limaye relies upon judgment of this Court in Smt. Nair Pushpa Sureshkumar and Ors. vs. The State of Maharashtra and Ors.1 He also relies upon judgment of this Court in Shahid Tamboli and Ors. vs. Divisional Joint Registrar Co-op Societies and Ors.2 Mr. Limaye prays for setting aside the order passed by the Divisional Joint Registrar. 7. The Petition is opposed by Ms. Chopda, the learned counsel appearing for Respondent Nos.3 to 5 who supports the order passed by the Divisional Joint Registrar. She submits that Petitioner is not just a member but also a Managing Committee member of the Society. That therefore he was already privy to all the records of the Society. That the Society had resolved to go paperless and to electronically supply documents to the members and accordingly minutes of the concerned SGM and AGM were supplied to the Petitioner through WhatsApp messages. That the real motive of the Petitioner is to somehow take over the affairs of the Society.
That Petitioner and his group were in the previous Managing Committee and deliberate disquali9cation of Respondent Nos.3 to 5 was sought with a view to ensure that previous Managing Committee takes over the charge. That therefore Petitioner 1 Writ Petition No. 14087 of 2023 decided on 12 December 2025. 2 Writ Petition No. 5096 of 2022 decided on 20 July 2023 Page No.
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Neeta Sawant 6/16 WP 16171 of 2025 and other managing committee members deliberately resigned on the date of passing of order of disquali9cation. She also relies on judgment of this Court in Smt. Nair Pushpa (supra) in support of her contention that there needs to be strict ful9llment of conditions for ordering disquali9cation of elected managing committee members. She also relies upon judgment of this Court in Jijau Coop. Housing Soci. Ltd. vs. State of Maharashtra and Ors.3. She prays for dismissal of the petition. 8. I have also heard Ms. Shrivastava, the learned AGP, who supports the order passed by the Divisional Joint Registrar. 9. Rival contentions urged on behalf of the parties now fall for my
consideration. 10. Respondent Nos. 3 to 5 occupied the positions of Chairman, Secretary and Treasurer respectively of Respondent No.6- Society. They were elected for the term 2023-2028. Petitioner himself was the Managing Committee member alongwith Respondent Nos. 3 to 5. He sought disquali9cation of Respondent Nos.3 to 5 under provisions of Section 154B-23(1)(iii) read with Section 154B-8 of MCS Act. The Deputy Registrar ordered disquali9cation of Respondent Nos.3 to 5 vide order dated 18 August 2025. On account of tendering of resignation by the Petitioner and three other managing committee members on 18 August 2025, the Deputy Registrar proceeded to appoint Authorised Of9cer for looking after day-to-day affairs of the Society. This is how Petitioner ensured not only disquali9cation of Respondent Nos. 3 to 5 but also 3 Writ Petition No. 12871 of 2015 decided on 11 November 2015 Page No.
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Neeta Sawant 7/16 WP 16171 of 2025 appointment of an Authorised Of9cer under Section 77A(b-1) of the MCS Act. 11. The grouse of the Petitioner is non-supply of various documents demanded by him and consequent violation of provisions of Section 154B-8. According to Mr. Limaye, the Society failed to furnish copies of minutes of SGM held in May 2023 and AGM held on 10 September 2023. Section 154B-8 of the MCS Act confers right upon a member to inspect the documents. Sub-section (1) of Section 154B-8 deals with the right of the member to inspect the documents, whereas sub-section (2) deals with the duty cast upon the Society to furnish to the member copies of any documents enumerated in sub-section (1). Section 154B-8 of MCS Act provides thus: 154B-8. Rights of Members to inspect the documents.— (1) Every Member of a society shall be entitled to inspect, free of cost, at the society’s of9ce during of9ce hours, or any time 9xed for the purpose by the society, a copy of the Act, the rule and the bye-laws, the last audited annual balance sheet, the pro9t and loss account, a list of the members of the Committee, a register of members, the minutes of general meetings, minutes of Committee meetings and those portions of the books and records in which his transactions with the society have been recorded.
(2) A society shall furnish to a Member, on request in writing and on payment of such fees at such rate as may be decided by the Registrar, from time to time, the copies of any documents mentioned in the foregoing sub-section within forty-9ve days from the date of payment of such fees and when the Society is assisted by the Government in the form of share capital, loan and land, the said Society shall furnish such information within thirty days from the date so requested by a member. 12. Section 154B-23 deals with disquali9cation of Committee and its members and provides thus: Page No.
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Neeta Sawant 8/16 WP 16171 of 2025 154B-23. Disquali;cation of Committee and its Members.— (1) Without prejudice to the other provisions of this Act or the rules made thereunder, in relation to the disquali9cation of being a Member of the Committee, no person shall be eligible to be appointed, nominated, elected, co-opted for being a Member of Committee,— (i) if he is a defaulter of any society, or (ii) if he carries on business of letting, subletting and selling of >ats in the housing society of which he is a Member, or (iii) if he has been held responsible under section 79, 88, 154B- 8(2) or 154B-27 or for payment of cost of enquiry under section 85, or (iv) if he has incurred any disquali9cation under this Act or the rules made thereunder, or (v) if he incurs any of the disquali9cation similar to that mentioned in the provisions of clause (vii), (viii) or (ix) of clause (f) of sub-section (1) of section 73CA. (2) A Member, who has incurred any disquali9cation under sub-section (1), shall cease to be a Member of Committee and his seat shall thereupon be deemed to be vacant. (3) A Member of a Committee who has ceased to be a Member thereof, on account of having incurred disquali9cation under clause (ii), (iii), (iv) or (v) of sub-section (1), shall not be eligible to be re-elected, re-co-opted or re- nominated as a Member of Committee for 9ve years from the date on which he or she has so ceased to be a Member of the Committee.
(4) A Member of a Committee who has ceased to be a Member thereof, on account of having incurred disquali9cation other than disquali9cations, referred to in sub-section (3), shall, unless otherwise speci9cally provided in this Act, be eligible to be re-elected, re-co-opted or re-nominated as a Member of Committee as soon as such disquali9cation ceases to exist. (emphasis and underling added)
13. Thus, under clause (iii) of sub-section (1) of Section 154B-23, if a member of the Committee is held responsible under Section 154B-8(2), he incurs disquali9cation from being appointed, nominated, elected or co-opted as a member of the Committee. Under sub-section (2) of Section 154B-23, a member who has incurred disquali9cation under sub- section(1), ceases to be the member of the Committee and the seat occupied by him is deemed to be vacant and such member is not eligible Page No.
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Neeta Sawant 9/16 WP 16171 of 2025 to be re-elected, re-co-opted or re-nominated as a member of the Committee for 9ve years. 14. Having considered the statutory scheme of Sections 154B-8 and Section 154B-23 of the MCS Act, I now proceed to examine whether Respondent Nos.3 to 5 had indeed incurred disquali9cation under Section 154B-23 on account of violation of provisions of Section 154B-8. 15. Petitioner has relied upon letter dated 27 January 2024, which was addressed by 9ve members of the Managing Committee to the Deputy Registrar. The letter dated 27 January 2024 reads as under: महोदय, लोक स
ृ. .संथेचे अय / सेे टरी यांा वारंवार मा
णी क!ही तसेच आप%या मा& तही 'यां(याकडे तार क!ही तसेच आप%या मा& तही 'यां(याकडे तार क!ही अ*ात आ+हाला मे २०२३ रोजी झाले%या SGM आ4ण १० स6ट7बर २०२३ रोजी झाले%या AGM ची CD आ+हाला देत ाहीत. या दो<ही बैठकांमये घेतले%या मी@सला आमचा वरोध आहे. कारण मॅेCज
क मटी(या बैठकीत ठरले%या मी@सुसार हे ठराव घेतलेले ाहीत. याची स'यता या CD मधूच पG होईल. 16.
Thus, the letter dated 27 January 2024 was not a requisition sent to the Society but was a complaint made to the Deputy Registrar about non-furnishing of CD in respect of SGM conducted in May 2023 and AGM conducted on 10 September 2023. Therefore, letter dated 27 January 2024 cannot be treated as requisition made to Society under Section 154B-8 (2) of the Act. It is not a request made to the Society in writing. Merely because copy of letter dated 27 January 2024 is addressed to Chairman and Secretary of the society, it cannot be treated as a request made to society under 154B-8 (2). Furthermore, what is demanded by letter dated 27 January 2024, is a CD in respect of SGM in May 2023 and AGM on 10 September 2023. The letter is not in respect of minutes of the SGM or AGM. From subsequent correspondence, it is Page No.
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Neeta Sawant 10/16 WP 16171 of 2025 apparent that demand was for CD containing video recording in respect of two meetings. Sub-section (1) of Section 154B-8 does not include video recording of a meeting in the list of documents enumerated therein. Therefore for both the reasons of letter not being a request made to the society in writing as well as demanding something not envisaged under Section 154B-8, the letter dated 27 January 2024 is irrelevant for deciding the issue of disquali9cation of members of the committee. 17. Petitioner has thereafter relied on letter dated 16 April 2025, which again was addressed by the Petitioner to the Deputy Registrar. Thus, letter dated 16 April 2025 again, cannot be treated as request made in writing to the society. The letter dated 16 April 2025 reads as under: महाराGI सहकारी संथा अJध यम 1960 (या तरतुदीुसार कलम 154 B-8 ुसार लोक स सहकारी
ृह माण संथेचा मी सदय असू, मॅेCज
क मटी सदय आहे.
तरी
े%या दो वTाUपासू मला संथेची का
दपVे 'यांची झेरॉXस SGM, AGM स6ट7बर 2023 ते 2024 सी.डी. मा
ूही दे[यात आलेली ाही. मी शु%क (पैसे) दे[यास तयार असताा मला मे 2023 पेशल जल बॉडी SGM , स6ट7बर 2023, स6ट7बर 2024 ची सीडी मळावी, +हणू तसेच इंaजी म @स मराठीत भाTांतर मळावे, याकcरता आपणाशी पVdयवहार के ला होता. 'याला पाचशे दवस झालेले आहेत. तरी अ*ापही 154 B-8 ुसार लोक स
क मटी वर कारवाई के लेली ाही. हा आम(या सोबत के लेला भेदभाव आहे. आप%या कायालयाे 154 B-8 ुसार के ले%या कारवाईची अेक eकरणे उपलgध आहेत. असे असतााही आमची वंतीची वेळोवेळी कोणतीच दाखल घेतलेली ाही. तरी 154 B-८ ुसार अय, सJच, खjजधार आ4ण क मटी सदय या(यावर लंबाची कारवाई करावी ह वंती. 18. The letter dated 16 April 2025 was again a complaint for non- furnishing of CD as well as Marathi translation of minutes recorded in English language. Again, neither a video recording nor Marathi translation of minutes recorded in English are included within the list of documents enumerated under sub-section (1) of Section 154B-8. 19. Faced with the dif9culty that none of the letters attached to the Petition at Exh. A constitute a request in writing under sub-section (2) of Page No.
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Neeta Sawant 11/16 WP 16171 of 2025 Section 154B-8, Mr. Limaye has produced during the course of hearing letters of 28 August 2023 and 21 September 2024. This Court does not appreciate production of material directly during hearing of the Petition by taking other side by surprise. However, even if this conduct of the Petitioner is ignored, perusal of letters dated 28 August 2023 addressed to Chairman/Secretary of Society indicates that the Petitioner had demanded altogether different documents than the one for which letter dated 27 January 2024 and 16 April 2025 were sent.
Also, what was demanded by Petitioner was minutes of meetings of Managing Committee held during May 2023 to August 2023 and order of Deputy Registrar constituting new Management Committee. He also demanded video CD/pendrive of SGM without specifying the exact meeting. Letter dated 28 August 2023 reads thus: उपरोk वTया<वये आपणास वंती करतो की, लोक स
संथेची 4 मे 2023 ते 13 ऑ
ट 2023 या दर+या कायकारी सभे(या झाले%या बैठक आ4ण उप बंधकांी वी क मटीचे के लेले ठ 'याची आदे4शत eत मला दे[यात यावी, 'यासाठी उप बंधक, सहकारी संथा यांी ठर वले%या दराeमाणे 'याची रmम मी अदा कर[यास तयार आहे. तसेच संथे(या वशेT सवसाधारण सभेची dहीडीओ सीडी oकवा PEN DRIVE मळावा यासाठी याआधी मा
णी के ली होती, परंतु ती अ*ाप मला मळालेली ाही. ते ही मला त'काळ मळावे, 'याचीही रmम मी अदा कर[यास तयार आहे. कृ पया सदर बाबvची पुतता करवावी, ही वंती. 20. Thus, in addition to video CD/pendrive in respect of unspeci9ed SGM, Petitioner demanded copy of minutes of Management Committee meetings held during 4 May 2023 to 13 August 2023 and copy of order of Deputy Registrar. Mr. Limaye has also produced copy of letter dated 21 September 2024 which reads thus: Page No.
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Neeta Sawant 12/16 WP 16171 of 2025 ये'या 29 स6ट7बर 2024 रोजी लोक स
सोसायटीची वाwTक सवसाधारण सभा होणार आहे. 'याची (AGM) वTय प Vका, लेखापरीण अहवाल आ4ण काय अहवालाची झेरॉXस eत मला लवकरात लवकर दे[यात यावी ह वंती. 21. Thus, the letter dated 21 September 2024 addressed to Society contained demand of altogether different documents of agenda of AGM which was to be held on 29 September 2024, audit report and action taken report. 22. Perusal of order of disquali9cation passed by Deputy Registrar would indicate that he has referred to Petitioner’s request dated ‘21 January 2024’. There is no such letter in existence.
I proceed on assumption that there is typographical error in the order and what is actually considered is letter dated 21 September 2024. This is clear from following observations of the order: अजदार xी. महेश भारतीय यांी दांक २१/०१/२०२४ रोजी(या अजा<वये संथेकडे दांक २९/०९/२०२४ रोजी झाले%या वाwTक सवसाधारण सभेची वTयप Vका, लेखापरीण अहवाल व काय अहवाला(या छायां कत eतीची मा
णी के ली होती. माV संथेे महाराGI सहकारी संथा अJध यम १९६० चे कलम १५४ बी-८ मधील तरतुदीुसार ३० दवसांचे आत अजदार यांा कोणतेही लेखी उ~र द%याचे दसू येत ाही. तसेच अजदार यांी मा
णी के ले%या का
दपVां(या शु%काबाबतदेखील कोणताही पVdयवहार के %याबाबतची का
दपVे संथेे सादर के लेली ाहीत. 23. Also, from various letters referred to above, it appears that Petitioner was repeatedly demanding variety of documents from the Society frequently. He himself was a Managing Committee member, both in respect of current as well as past period. Mr. Limaye has submitted during his course of submissions that minutes of SGM held in May 2023, and AGM held on 10 September 2023 were not supplied to the Petitioner. However, in none of the correspondence referred to above, minutes of Page No.
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Neeta Sawant 13/16 WP 16171 of 2025 the said two meetings were ever demanded by the Petitioner. What was demanded was a CD/pendrive containing video recording of the said meetings. 24. Considering the above position, it is seen that order of Deputy Registrar dated 18 August 2025 clearly suffered from non-application of mind. Disquali9cation under Section 154B-23 casts a stigma and therefore it is necessary that the order of disquali9cation of committee members is not passed causally unless the Deputy Registrar arrives at the conclusion that there is unambiguous demand for documents in writing and that there is deliberate failure by the Society to provide copies to the members. 25. In Smt. Nair Pushpa (supra), this Court has discussed the principles governing disquali9cation.
It is held that substantial compliance demonstrating sincere and early effort must also be borne in mind while exercising the power of disquali9cation. Similarly, in Shahid Tamboli and Ors. (supra), this Court upheld the order of disquali9cation after being satis9ed that there was no substantial compliance by members of the committee. In the present case, Petitioner has never demanded physical copies of minutes of SGM and AGM in any of the requisitions. This was because the Society has resolved to go paperless and to make electronic communications through email, WhatsApp and other media. Respondent Nos. 3 to 5 had placed on record WhatsApp messages furnishing minutes of the concerned SGM and AGM. Petitioner thus had the minutes of meetings and wanted to demonstrate incorrect recording of the minutes through the video recording. This is the reason Page No.
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Neeta Sawant 14/16 WP 16171 of 2025 why Petitioner never demanded physical copies of the said minutes. However, Deputy Registrar grossly erred in holding that minutes through WhatsApp was not statutory compliance. Finding is recorded in ignorance of the fact that Petitioner was not demanding minutes of meeting. He was demanding video recording of the meetings. 26. Disquali9cation under 154B-23(1)(iii) can be ordered only if a member of Managing Committee is held responsible for non-furnishing of documents enumerated under Section 154B-8(1). As observed above, sub-section (1) contemplates only enumerated documents of the Act, the rule, the bye-laws, the last audited annual balance sheet, the pro9t and loss account, a list of the members of the Committee, a register of members, the minutes of general meetings, minutes of Committee meetings and those portions of the books and records in which his transactions with the society have been recorded. Section 154B-8 does not contemplate providing video recording of meeting. It contemplates only minutes of meeting.
As observed above, provisions of Section 154B- 8(1) cannot be lightly interpreted and documents enumerated therein cannot be expanded, particularly for ordering disquali9cation of elected committee members. 27. Considering the above position, in my view, the Divisional Joint Registrar has rightly set aside the order of disquali9cation passed by the Deputy Registrar. Non-payment of charges for certi9ed copies has also been cited as an additional reason by the Divisional Joint Registrar for setting aside the order of the Deputy Registrar. Petitioner was demanding a host of documents and even Deputy Registrar has got confused while ordering disquali9cation. The society therefore appears Page No.
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Neeta Sawant 15/16 WP 16171 of 2025 to be justi9ed in not communicating the copying charges in respect of varying demands of the Petitioner, especially because Petitioner himself was the member of the committee. 28. As observed above, Petitioner himself was a member of the Managing Committee. In his letter dated 16 April 2025 addressed to Deputy Registrar, he has described himself as ‘suspended managing committee member’. It appears that Petitioner had an axe to grind against Respondent Nos. 3 to 5. The fact that four Committee members including the Petitioner tendered resignations immediately upon disquali9cation of Respondent Nos. 3 to 5 and ensured appointment of Administrator on the Society speaks volumes about the real objective behind demanding varied documents and ensuring disquali9cation of Respondent Nos. 3 to 5.. The entire exercise has resulted in a situation where the whole of the Managing Committee has disappeared and an external Administrator is appointed upon the Society. All this is done by 9ling repeated complaints and requests for supply of varied documents by a member of Managing Committee, who is otherwise supposed to be privy to the records of the Society. Considering this position, this Court is otherwise not inclined to exercise extraordinary jurisdiction under Article 227 of Constitution of India. The jurisdiction is supervisory in nature and need not be exercised to correct every error of law and fact. This Court is otherwise satis9ed with the 9nal outcome of the litigation. In that view of the matter, Petitioner cannot compel this Court to exercise jurisdiction under Article 227 of Constitution of India.
Reference in this regard can be made to the judgment of Apex Court in Garment Craft vs. Prakash Chand Goel4 in which it is held as under: 4 (2022) 4 SCC 181 Page No.
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Neeta Sawant 16/16 WP 16171 of 2025
15. Having heard the counsel for the parties, we are clearly of the view that the impugned order [Prakash Chand Goel v. Garment Craft, 2019 SCC OnLine Del 11943] is contrary to law and cannot be sustained for several reasons, but primarily for deviation from the limited jurisdiction exercised by the High Court under Article 227 of the Constitution of India. The High Court exercising supervisory jurisdiction does not act as a court of 9rst appeal to reappreciate, reweigh the evidence or facts upon which the determination under challenge is based. Supervisory jurisdiction is not to correct every error of fact or even a legal >aw when the 9nal 9nding is justi9ed or can be supported. The High Court is not to substitute its own decision on facts and conclusion, for that of the inferior court or tribunal. [Celina Coelho Pereira v. Ulhas Mahabaleshwar Kholkar, (2010) 1 SCC 217] The jurisdiction exercised is in the nature of correctional jurisdiction to set right grave dereliction of duty or >agrant abuse, violation of fundamental principles of law or justice. The power under Article 227 is exercised sparingly in appropriate cases, like when there is no evidence at all to justify, or the 9nding is so perverse that no reasonable person can possibly come to such a conclusion that the court or tribunal has come to. It is axiomatic that such discretionary relief must be exercised to ensure there is no miscarriage of justice. 29. Considering overall conspectus of the case, I do not 9nd any valid reason to interfere in the order of the Divisional Joint Registrar. 30. Writ Petition is bereft of merits.
It is accordingly dismissed with no order as to costs. Rule is discharged. (SANDEEP V. MARNE, J.) Page No.
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25 JUNE 2026 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2026.06.25 15:40:24 +0530