Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 11495 (BOM)

MALIKA V. CHAINANANI v. THE STATE OF MAHARASHTRA THR THE SECRETARY ORS

WP/12727/2026 · 2026-09-24

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Megha 908_wp_12727_2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12727 OF 2026 Mrs. Malika V. Chainani ...Petitioner V/s. The State of Maharashtra and Ors. ...Respondents ________________ Mr. Swaraj Jadhav with Mr. Vikas Kumbhar for the Petitioner. Mr. Karl Tamboly with Mr. Ryan D’souza and Mr. Shivam Laturia i/b. Mr. Shivam Laturia for Respondent No.3. Mr. Y. S. Khochare, ‘B’ Panel with Dr. D.M. Kapadia, AGP for Respondent - State. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 24 SEPTEMBER 2026. P.C.: 1) The limited grievance raised in the Petition is that the Deputy Registrar, Co-operative Societies G/S Ward, Mumbai, is not taking a decision in proceedings under Section 77A of the Maharashtra Co- operative Societies Act, 1960. 2) I have heard Mr. Jadhav, the learned counsel appearing for the Petitioner, Mr. Tamboly, the learned counsel appearing for Respondent No.3 and Mr. Khochare, the learned ‘B’ Panel counsel appearing for the Page No. 1 of 3 24 September 2026 2026:BHC-AS:39250 Megha 908_wp_12727_2026 Respondent-State and have considered the submissions canvassed by them. 3) There is no serious dispute to the position that the strength of the Managing Committee has fallen below the one required for constituting a valid quorum. Therefore, it is necessary that a provisional committee is appointed under the provisions of Section 77A(1)(ii) of the MCS Act for looking after day to day affairs of the Society and for the purpose of holding of elections. 4) The learned counsel appearing for the parties, after taking instructions from their respective clients agree that a committee consisting of following three members can be constituted for the purpose of looking after day to day affairs of the Society and for the purpose of holding of elections:- (a) Mr. K.K. Damani (b) Dr. Lalit Kanodia (c) Mr. Basant Kabra 5) Mr. Tamboly, on instructions, submits that election program shall be prepared and published as expeditiously as possible, preferably within a period of one week. 6) Accordingly, with the consent of the parties, following order is passed. (i) A committee consisting of following three persons is appointed under Section 77A(1)(ii) of the MCS Act to Page No. 2 of 3 24 September 2026 Megha 908_wp_12727_2026 look after day to day affairs of the Society and for conduct of the elections:- (a) Mr. K.K. Damani (b) Dr. Lalit Kanodia (c) Mr. Basant Kabra (ii) The Committee appointed shall not take any major policy decision. (iii) The Committee shall conduct elections of the Society in an expeditious manner under the aegis of Assistant Registrar by publishing election program within a period of one week from today. (iv) Proceedings pending before the Deputy Registrar shall be formally closed on account of appointment of a Committee as directed above. 7) With the above directions, Writ Petition is disposed of. [SANDEEP V. MARNE, J.] Page No. 3 of 3 24 September 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 28/09/2026 11:04:41