Megha 23_wp_12499_2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12499 OF 2026 Yogesh Subhash Jamdar ...Petitioner V/s. Divisional Joint Registrar, Co-operative Societies, Pune Division and Ors. ...Respondents ________________ Mr. Omkar M. Sapre for the Petitioner. Mr. P.V. Nelson- Rajan, AGP for Respondent-State. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 23 SEPTEMBER 2026. P.C.: 1) Petition challenges order dated 6 May 2026 passed by the Divisional Joint Registrar, Co-operative Societies, Pune Division, Pune, (Divisional Joint Registrar) disposing of the Revision Application No.56 of 2026 preferred by the Petitioner against order dated 17 November 2025 passed by the Deputy Registrar, Co-operative Societies, Pune City (2), Pune. By order dated 17 November 2025 the Deputy Registrar disqualified the Chairman and Secretary of the Society under the provisions of Section 75(5) of the Maharashtra Co-operative Societies Act, 1960 (MCS Act) only for a period of two months. Page No. 1 of 4 23 September 2026 2026:BHC-AS:39120 Megha 23_wp_12499_2026 2) The Petitioner is aggrieved by disqualification for only two months and desired disqualification for a longer period and he accordingly filed revision before the Divisional Joint Registrar. Since the revision is dismissed, the Petitioner has field the present Petition. 3) I have heard Mr. Sapre, the learned counsel appearing for the Petitioner and Mr. Nelson-Rajan, the learned AGP appearing for the Respondent-State and have considered the submissions canvassed by them. 4) It appears that the Petitioner had initially filed proceedings under Section 154B-27 of the MCS Act before the Deputy Registrar raising several grievances against the Managing Committee. In those proceedings an order came to be passed by the Deputy Registrar on 16 June 2025 directing the Society to follow the provisions of the MCS Act, Rules, notifications and circulars and to provide to the Petitioner documents in terms of Section 154B-8 of the MCS Act. It appears that the Petitioner had simultaneously filed separate complaint under Section 75(5) of the MCS Act seeking disqualification of the Managing Committee members on the ground of failure to file the statement of accounts, auditor’s report, rectification reports, minutes of meetings, etc. in the office of the Deputy Registrar for the years 2021-22 to 2023-24. In those proceedings the Managing Committee of the Society raised the defence that the relevant documents were indeed submitted in the office of the Deputy Registrar. However, the Deputy Registrar recorded a finding that there was no record of those documents being submitted in the office of the Deputy Registrar. On this count, the Deputy Registrar Page No. 2 of 4 23 September 2026 Megha 23_wp_12499_2026 proceeded to disqualify the Chairman and the Secretary of the Society for a period of two months under Section 75(5) of the MCS Act. Before the Divisional Joint Registrar, it appears that cross Revision Applications are filed both, by the disqualified members as well as by the Petitioner. The Petitioner was aggrieved by the period of disqualification and desired disqualification for a longer period. Before the Divisional Joint Registrar an acknowledgment was produced by the disqualified members in support of their plea that various documents were filed in the office of the Deputy Registrar from time to time. Divisional Joint Registrar recorded a finding that there is prima facie evidence of various documents being filed by the Managing Committee members. He has further held that he does not possess jurisdiction to go into the issue of authenticity of the acknowledgment of the said documents. The Divisional Joint Registrar has also taken note of the fact that period of disqualification has already come to an end and accordingly, the revision preferred by the disqualified members has been disposed of. 5) Considering the above position, I find no reason to interfere in the impugned order in the Petition filed by the Petitioner. The Divisional Joint Registrar has acted on the acknowledgment produced before him by the Society of filing various documents before the Deputy Registrar. If there is acknowledgment with the Society but if there is no corresponding entry in the office of the Deputy Registrar, the same would not ipso facto lead to serious action of disqualification of the Managing Committee members. For effecting disqualification of elected members of the Managing Committee, there must be concrete material on record of violation of Act and Rules. In the present case, it becomes Page No. 3 of 4 23 September 2026 Megha 23_wp_12499_2026 difficult to conclude by way of sufficient clarity that there is failure on the part of the Managing Committee to file documents pertaining to years 2021-22 to 2023-24. 6) In my view, therefore, there is no warrant for entertaining the present Petition. Writ Petition is accordingly rejected. It is however clarified that in the event disqualified members challenge order passed by the Divisional Joint Registrar, such challenge shall be considered and decided uninfluenced by the findings recorded by this Court. [SANDEEP V. MARNE, J.] Page No. 4 of 4 23 September 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 24/09/2026 17:32:47