Vaishnavi 39-WP-7665-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7665 OF 2026 Mahendra Patil and Anr. ...Petitioners V/s. The Divisional Joint Registrar Co Operative Societies Pune Division and Ors. ...Respondents ________________ Mr. Balkrishna Patthak with Ms. Priyanshu S. Mishra with Ms. Sankshi Gadekar, for Petitioner. Mr. A.C. Bhadang, AGP for Respondent-State. Mr. Radlikesh V. Uttarwar, through V.C. with Ms. Pooja R. Thakur & Ms. Pradnya C. Solanki, for Respondent No.3. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 07 July 2026 P.C.: 1) By this Petition, the Petitioners have challenged order dated 9 April 2026 passed by the Divisional Joint Registrar Co-operative Society, Pune, (Divisional Joint Registrar) partly allowing Revision Application No. 46 of 2024 and setting aside order passed by the Assistant Registrar, Co-operative Societies, Pune, (Assistant Registrar)on 3 September 2025. By order dated 3 September 2025, the Assistant Registrar had rejected Page No. 1 of 5 07 July 2026 Vaishnavi 39-WP-7665-2026 the application preferred by Respondent No. 3 under provisions of Section 154B-23 seeking disqualiBcation of the Petitioners. 2) I have heard, Mr.Patthak, the learned counsel appearing for Petitioner, Mr. Bhadang, learned counsel appearing for Respondent- State, Mr. Uttarwar, learned counsel appearing for Respondent No.3 and have considered the submissions canvassed by them, I have also gone through the reasons recorded by the Divisional Joint Registrar and Assistant Registrar in their respective orders. I have also perused the records of the case Bled alongwith the Petitions. 3) I appears that, the Respondent No. 3 had submitted application to the Society on 10 November 2024, demanding following 8 documents: Detailed List of Documents: 1. Copy of the order of the State Cooperative Election Authority for appointment of a returning ofBcer for the election of new members to the Managing Committee of the Society 2. CertiBed copy of the Election Program issued by Returning ofBcer. 3. CertiBed copy of the nomination forms received for the election. 4. CertiBed copy of the list of valid nominations issued by the Returning ofBcer. 5. CertiBed copy of the Bnal election results. 6. Copy of the acknowledgment of the submission of the result with the ofBce of the AR. 7. CertiBed copy of the GB resolution for submission of the proposal to conduct elections to the vacancies. 8. Order of the AR for appointment of new Committee members. 4) Except the document at serial No. 7, the rest of the 7 documents are not the ones enumerated under Section 154B-8(1) of the Maharashtra Co-operative Societies Act, 1960 (MCS). The rest of the 7 documents pertain to conduct of elections and provisions of sub-section (1) of Section 154B-8 do not envisage grant of inspection of those Page No. 2 of 5 07 July 2026 Vaishnavi 39-WP-7665-2026 documents by the member of the Society. Similarly, sub-section (2) of Section 154B-8 does not cast a duty on the Society to make available copies of those documents to a member. 5) So far as the document at serial No. 7 viz., certiBed copy of GB resolution for submission of proposal to conduct elections to the vacancies is concerned, the Society has taken a stand that no such general body resolution has been adopted. In that view of the matter, non supply of document at serial No. 7 does not amount to violation of provisions of sub-section (2) of Section 154B-(8). 6) The Assistant Registrar had rightly appreciated the above position while dismissing the application of Respondent No. 3 seeking disqualiBcation of the committee members. The Divisional Joint Registrar has erred in directing disqualiBcation of the Petitioners by recording a Bnding that the documents demanded by Respondent No. 3 do not relate to personal information of other members. The Divisional Joint Registrar ought to have appreciated the position that disqualiBcation under provisions of clause (iii) of sub-section 1 of Section 154B-23 can be ordered only if there is a violation of provisions of Section 154 B-8(2) of the MCS Act. For occurrence of violation of provisions of Section 154B-8(2), there needs to be failure on the part of the Society/members of committee to furnish documents enumerated in sub-section 1 of Section 154B-(8). The provision cannot be interpreted to mean that a member is entitled to secure inspection/copies of every document ,which does not pertain to personal information of another Page No. 3 of 5 07 July 2026 Vaishnavi 39-WP-7665-2026 member. The Divisional Joint Registrar has thus grossly erred in setting aside the order passed by the Assistant Registrar. 7) It also appears that the Divisional Joint Registrar has referred to earlier request made by Respondent No. 3 on 8 August 2024, for the purpose of directing disqualiBcation of the Petitioners. Perusal of the application preferred by Respondent No. 3 would indicate that disqualiBcation was sought for non supply of documents demanded vide letter/Email dated 10 November 2024. The demand for disqualiBcation therefore, had no nexus with the so called request made on 8 August 2024. 8) Mr. Uttarwar, the learned counsel appearing for Respondent No. 3 has strenuously contended that all the documents demanded by Respondent No. 3 on 10 November 2024 are part of resolutions adopted by the managing committee of the Society. However, perusal of the list in Email dated 10 November 2024 does not bear out that the said documents relate to resolutions adopted in the managing committee meeting. It is another thing that the Society appears to have supplied to Respondent No. 3 minutes of the several managing committee meetings on 15 November 2024. 9) Considering the above position, I am of the view that, the Divisional Joint Registrar has overstepped his jurisdiction in setting aside well considered decision of the Assistant Registrar. Order dated 9 April 2026, passed by the Divisional Joint Registrar is indefensible. It is accordingly set aside. Page No. 4 of 5 07 July 2026 Vaishnavi 39-WP-7665-2026 10) The Writ Petition is allowed in above terms. There shall be no order as to costs. [SANDEEP V. MARNE, J.] Page No. 5 of 5 07 July 2026