Renuka Thakur 15-WP-12774-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12774 OF 2026 Yogesh Shindejirao Desai ...Petitioner V/s. The State Of Maharashtra Through Its Principal Sec. Co-Operation and Ors ...Respondents ________________ Mr. Anurag R. Mishra i/b Mr. Nitesh Sancheti for Petitioner. Mr. Sarang S. Aradhye a/w Ms. Gauri Velankar for Respondent No. 4. Ms. A. A. Nadkarni, AGP for Respondent-State. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 28 SEPTEMBER 2026. P.C.: 1) The Petitioner is aggrieved by order dated 12 May 2026 passed by the Deputy Registrar Co-operative Societies, Pune City (5), Pune (Deputy Registrar) passed under Section provisions of 77 A of the Maharashtra Co-operative Societies Act, 1960 (MCS Act). After noting that there is no quorum or constituting a valid managing committee, the Deputy Registrar has proceeded to appoint an administrative committee for looking after day-to-day affairs of the society. The order passed by the Deputy Registrar has been confirmed in Appeal by the Divisional Joint Registrar by order dated 22 June 2026, which is also subject matter of challenge in the Petition. Page No. 1 of 4 28 SEPTEMBER 2026 Renuka Thakur 15-WP-12774-2026.docx 2) I have heard Mr. Mishra, the learned counsel appearing for the Petitioner, Mr. Sarang, the learned counsel appearing for Respondent No. 4 and Ms. Nadkarni, the learned AGP appearing for Respondent-State and have considered the submissions canvassed by them. 3) On account of tendering of resignations by some of the committee members, it appears that there was no valid quorum required for constituting the managing committee. In the facts of the present case, I am not inclined to entertain the objection sought to be raised by the Petitioner that the Deputy Registrar acted hurriedly in exercising powers under Section 77A of the MCS Act even before passage of time of 30 days from the date of tendering of resignations. I am therefore, not inclined to interfere in the order dated 12 May 2026 appointing administrative committee by the Deputy Registrar. 4) However what is objectionable in respect of the order dated 12 May 2026 is the fact that there is no specific direction to the administrative committee for conduct of elections for formation of new committee of the society. The Deputy Registrar ought to have issued directions to the administrative committee to conduct the elections in an expeditious manner. Even the Divisional Joint Registrar has overlooked this folly in the order passed by the Deputy Registrar. This Court in Vijay Lakhi and Ors. V/s Minister of Co-operation and Ors.1 has held in paragraph 82, 83 and 84 of the judgment as under:- 1 Writ Petition No. 11625 of 2025 decided on 6 October 2025 Page No. 2 of 4 28 SEPTEMBER 2026 Renuka Thakur 15-WP-12774-2026.docx 82. At this stage, it is necessary to address an important aspect concerning the exercise of powers by the Registrar under Section 77A The provision authorises the Registrar to appoint either a small interim committee under clause (ii) or, in exceptional circumstances, one or more authorised officers to manage the affairs of the society. The purpose of this power is not to substitute permanent democratic control with prolonged external management, but only to act as a temporary safeguard until fresh elections are held. 83. It is, therefore, appropriate that whenever the Registrar exercises power under clause (ii) or in appointing authorised officers, the order itself should contain a clear direction to initiate and complete the election process within a defined time frame. In $my opinion, a reasonable period to initiate election process would be between four to height weeks from the date of such order. This would ensure that the society is brought back under elected management at the earliest and prevent misuse of the provision for continuing external control indefinitely. 84. Failure to include such a direction may defeat the very object of Section 77A, which is to maintain continuity of management only until an elected body is put in place. It may also invite allegations of arbitrary or mala fide exercise of power. To prevent such situations, this Court makes it clear that whenever the Registrar invokes clause (ii) or appoints authorised officers, the order must contain a direction to initiate the election process within four to eight weeks. 5) It appears that attention of the Divisional Joint Registrar was invited to the judgment of this Court in Vijay Lakhi (supra). However, the Divisional Joint Registrar has still proceeded not to issue a direction to the administrative committee to conduct elections to the managing committee of the society. In fact, in paragraph 85 of the judgment of this Court in Vijay Lakhi, this Court has made following observations:- 85. If, despite this judgment being brought to the notice of the Registrar or authorised officer, no such direction is included or acted upon, the aggrieved parties shall be entitled to approach this Court under the provisions of the Contempt of Courts Act for appropriate relief. Such recourse will ensure accountability and reinforce the constitutional and statutory mandate that co-operative societies must remain democratically governed institutions. Page No. 3 of 4 28 SEPTEMBER 2026 Renuka Thakur 15-WP-12774-2026.docx 6) The approach of the Deputy Registrar and Divisional Joint Registrar in not following the directives of this Court in Vijay Lakhi is disquieting. The Deputy Registrar and the Divisional Joint Registrar shall accordingly ensure that the directions issued by this Court in judgment in Vijay Lakhi are strenuously followed so as to avoid initiation of contempt proceedings by this Court, as directed in paragraph 85 of the judgment. 7) In the present case, there is no direction by the Deputy Registrar to the administrative committee for conduct of elections. Therefore, though this Court is not inclined to interfere in decision of the Deputy Registrar to appoint administrative committee, it is necessary to direct the administrative committee to forthwith conduct elections of the society under the aiges of the Registrar. 8) Accordingly, the Petition is disposed of by directing the administrative committee appointed vide order dated 12 May 2026 to forthwith commence the election programme within a period of two weeks. 9) Writ Petition is accordingly disposed of with no order as to costs. [SANDEEP V. MARNE, J.] Page No. 4 of 4 28 SEPTEMBER 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 30/09/2026 10:23:46