Sonali Mane 906-WP-11563-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11563 OF 2026 Ghanshyam Sitaram Bidawatka … Petitioner Versus The Deputy Registrar Of C0-Op Societies / South Ward Mumbai And Ors. … Respondents WITH INTERIM APPLICATION (ST) NO. 27023 OF 2026 IN WRIT PETITION NO. 11563 OF 2026 Sharad Patel … Applicant IN THE MATTER BETWEEN Ghanshyam Sitaram Bidawatka … Petitioner Versus The Deputy Registrar Of Co-Op Societies / South Ward Mumbai And Ors. … Respondents Mr. Niraj Bidawatka for Petitioner. Mr. Y. D. Patil, AGP for Respondent. Mr. H. S. Anand, for Intervenor (Prasad Babu Shetty and Babu Shetty) CORAM : SANDEEP V. MARNE, J. DATE : 11 SEPTEMBER 2026. ___Page No. 1 of 8 ___ 11 September 2026 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.09.16 11:58:15 +0530 Sonali Mane 906-WP-11563-2026.docx P.C. : 1) The Petitioner is a serial litigant and has filed a spree of litigations particularly with regard to the desolution of the Managing Committee of the society vide the Order dated 21 April 2026. This is the third Petition filed by him challenging the Order dated 21 April 2026. 2) The Petitioner was elected as a member of the Managing Committee for the term 2022-2027. The total strength of the Managing Committee as per the Bye-laws is 13, comprising of 8 open category members, two women members and three reserved category members. In the elections held in the year 2022, only seven members came to be elected unopposed under the open category, including the Petitioner. One open category post remained unfilled on account of non-filing of nomination for that seat. The other five reserved category seats also remain vacant. Out of the seven elected committee members, three committee members viz Shri. Babu Shetty, Shri. Prasad Shetty and Shri. Santosh Singh tendered their resignations on 17 September 2023. This reduced the strength of the Managing Committee to only four members. Accordingly, in exercise of powers under Section 77A(b-1) of the Maharashtra Co-operative Societies Act, 1960 (in short "MCS Act"), the Deputy Registrar of Co-operative Societies, R South Ward Mumbai, (Deputy Registrar) passed order recording existence of stalemate in the management of the society on account of reduction of strength of the committee below statutorily required minimum threshold of two third members. He accordingly proceeded to appoint Shri. Sham Darekar, a Certified Auditor, as the Authorised Officer for the purpose of looking after day-to-day affairs of the society and for conduct of elections. In ___Page No. 2 of 8 ___ 11 September 2026 Sonali Mane 906-WP-11563-2026.docx the Order dated 21 April 2026, there were typographical errors in recording the total number of elected managing committee members as ‘eight’ instead of correct position of ‘seven’, as well as in respect of number of functional members as ‘five’ instead of recording the correct figure of ‘four’. Accordingly, by the Corrigendum dated 5 May 2026, necessary corrections were effected in the Order dated 21 April 2026. 3) The Petitioner got aggrieved by Order dated 21 April 2026 and filed Writ Petition No. 5706 of 2026, which came to be disposed of by this Court by Order dated 27 April 2026, relegating him to the remedy of appeal under Section 152 of the MCS Act. Accordingly, the Petitioner has preferred appeal before the Divisional Joint Registrar against Order dated 21 April 2026, which is pending. 4) Despite pendency of the Appeal, the Petitioner was advised to file Writ Petition No. 9497 of 2026, once again challenging the Order dated 21 April 2026. Noting that the Appeal is still pending and that the issuance of Corrigendum could not have been a reason for once again filing a fresh Petition, this Court disposed of Writ Petition No. 9497 of 2026 by its Order dated 28 July 2026. 5) Now a third approach to this Court is made by filing the present Writ Petition once again challenging Order dated 21 April 2026 and Corrigendum dated 5 May 2026. The Appeal against the Order dated 21 April 2026 is still pending and the Petitioner is filing multiple Petitions before this Court challenging that order. Filing of the present Petition is thus gross abuse of process of law, warranting imposition of exemplary costs on the Petitioner. ___Page No. 3 of 8 ___ 11 September 2026 Sonali Mane 906-WP-11563-2026.docx 6) Apart from filing three petitions challenging the same order, this court notices yet another disturbing fact in the present case. While challenging the order dated 21 April 2026 by filing three different Writ Petitions and an appeal before the Divisional Joint Registrar, the Petitioner has filed Writ Petition No. 10067 of 2026 on 29 July 2026 before the Division Bench for expeditious conduct of elections post dissolution of the Managing Committee. In Writ Petition No. 10067 of 2026, the Division Bench has following Order on 3 September 2026: 1. In the whole conundrum before us, with the claim to establish one-upmanship in the conduct of the affairs of the Society, we are informed that, on 31.08.2026, the Deputy Registrar, Co-operative Societies, has exercised the power under Section 77A(4) of the Maharashtra Co-operative Societies Act, 1960, and appointed a three- member Board of Administrators. The management of the Society is now in the hands of the said Board, and the Deputy Registrar has issued directions that the Board of Administrators shall take necessary steps for the constitution of the new Managing Committee by following the due process of election. 2. Today, we are on 03.09.2026, and barely two days have passed since the Committee took charge. In the wake of the appointment of the Board of Administrators, it is open to them to seek all documents that are necessary, including the I and J Register and, if at all, the election is directed to be conducted, it shall start with the preparation of a provisional voters’ list. If such a list is already published, it shall afford an opportunity to all the stakeholders to raise their objections to the said list, and if some names are wrongly included or some names are not at all included, after following an appropriate procedure before the list is finalized, all the stakeholders shall be afforded an opportunity of hearing. We also permit the Committee to record statements of the of the erstwhile members, so as to ascertain where the records of the Society are lying, as some crucial documents which are necessary for ascertaining the membership of the Society are found to be missing. Within a period of two weeks from today, we expect some steps to be taken by the Board of Administrators, and an affidavit be placed before us in that regard. List on 01.10.2026. ___Page No. 4 of 8 ___ 11 September 2026 Sonali Mane 906-WP-11563-2026.docx 7) Thus, by seeking expeditious conduct of elections by filing Writ Petition No. 10067 of 2026, the Petitioner has in fact acquiesced in the Order dated 21 April 2026. Since he desires expeditious conduct of elections pursuant to the dissolution of the earlier Managing Committee, he cannot simultaneously maintain challenge to the dissolution of the managing committee. He cannot blow hot and cold. Once he accepts that the committee is dissolved and that fresh elections need to be conducted expeditiously, he cannot take a volte face and keep on filing multiple Petitions/Appeal challenging the dissolution of the committee. This is yet another factor which makes the conduct of the Petitioner in filing the present Petition disquieting. 8) The Petitioner seeks to justify filing of the present Petition on two factors. Firstly, he submits that the Authorised Officer appointed vide Order dated 21 April 2026 was illegally changed by the Deputy Registrar by Order dated 5 August 2026, thereby appointing disqualified members to be the members of the Authorised Committee. However, that aspect is no longer relevant since this Court has already set aside the Order dated 5 August 2026 in Writ Petition No. 10703 of 2026, decided on 24 August 2026. Here again, Petitioner’s challenge to the composition of the committee signifies his acceptance to the fact that the managing committee is validly dissolved. Secondly, the Petitioner invites the attention of this Court to the Dy. Registrar’s Order dated 31 August 2026, (passed towards implementation of the Order passed by this Court on 24 August 2026 in Writ Petition No. 10703 of 2026) to demonstrate that one of the persons viz Shri. Kirtish Berde, who was the part of the Authorised Committee appointed vide Order dated 5 August 2026 is reappointed by the Deputy Registrar. However, ___Page No. 5 of 8 ___ 11 September 2026 Sonali Mane 906-WP-11563-2026.docx Petitioner cannot seek to add strength to filing of the present baseless Petition by relying on subsequent events. The present Petition is filed by the Petitioner before issuance of the Order dated 31 August 2026. The Petitioner was not even aware of the Order dated 31 August 2026, when the present Petition is filed. Therefore, he cannot justify filling of the present Petition based on his subsequent knowledge in respect of Order dated 31 August 2026. If there is any error in the Order dated 31 August 2026, the same can be independently agitated. In a petition filed challenging dissolution of the managing committee, the Petitioner cannot mix the issue of composition of the temporary committee appointed for conduct of elections consequent to dissolution of managing committee. Also, questioning the validity of the order dated 31 August 2026 again signifies Petitioner’s acceptance to dissolution of the managing committee. In any case passing of the Order dated 31 August 2026 cannot be a reason for justifying filing of third Writ Petition challenging very same Order dated 21 April 2026. 9) Ordinarily, this Court would have simply dismissed the present Petition by imposing costs on the Petitioner for grossly abusing the jurisdiction of this Court by filing repeated Petitions for same cause of action. However, at the insistence of the Petitioner, while deciding the issue of entertainability of the present Petition, this Court is taken through the merits of the Order dated 21 April 2026. This is done to obviate any further litigation by the Petitioner in respect of challenge to the Order dated 21 April 2026. From his past conduct of filing repeated petitions, this Court can foresee filing of further proceedings by the Petitioner challenging every small decision of the Divisional Joint Registrar before whom the Appeal against the Order dated ___Page No. 6 of 8 ___ 11 September 2026 Sonali Mane 906-WP-11563-2026.docx 21 April 2026 is pending. Since Petitioner desires conduct of elections post dissolution of the managing committee, it is better that his challenge to the dissolution order is now put to rest. This Court is satisfied that the order dated 21 April 2026 is correctly passed by the Dy. Registrar. There were seven members of the Managing Committee and three members tendered their resignations on 17 September 2023 reducing the strength of the Managing Committee to less than two- third. Since there was a stalemate in the committee, the Deputy Registrar has correctly exercised the powers under Section 77A(b-1) of the MCS Act for the purpose of appointing Authorised Officer for looking after day to day affairs of the society and for conduct of elections. 10) The learned counsel for the Petitioner submits that one of the three members viz. Shri. Santosh Singh actually did not tender his resignation and continued to function as a member of the Managing Committee well after 17 September 2023. However, Shri. Santosh Singh has not filed any proceedings denying tendering of resignation or challenging the finding of the Deputy Registrar about tendering of resignation. The other two members Shri. Babu Shetty and Shri. Prasad Shetty are intervenors before me, who have confirmed the factum of tendering of resignations by them on 17 September 2023. As observed above Shri. Santosh Singh has not filed any complaint with any authority complaining that he has not tendered the resignation. In that view of the matter, the finding recorded by the Deputy Registrar about tendering of resignations by three members of the committee cannot be termed as perverse in any manner. In my view therefore, the Order dated 21 April 2026, as corrected by Corrigendum dated 5 May 2026, is ___Page No. 7 of 8 ___ 11 September 2026 Sonali Mane 906-WP-11563-2026.docx perfectly in order and does not warrant any interference. Since the Order dated 21 April 2026, as corrected by the Corrigendum dated 5 May 2026, is upheld by this Court, the pending appeal filed by the Petitioner is rendered infructuous and the Divisional Joint Registrar needs to pass a formal Order recording closure of the said Appeal. This would halt the limitless spree of litigations by the Petitioner qua the order dated 21 April 2026. 11) As observed above, Petitioner has already taken steps for expeditious conduct of elections in pursuance of Order dated 21 April 2026. The Division Bench of this Court has already issued directions vide Order dated 3 September 2026. This is yet another reason why Petitioner cannot be permitted to turn around and question the Order dated 21 April 2026, as corrected by the Corrigendum dated 5 May 2026. 12) Accordingly, Order dated 21 April 2026 as well as Corrigendum dated 5 May 2026 are upheld and confirmed. The Divisional Joint Registrar shall pass a formal order of closure of proceedings in the pending Appeal. Writ Petition is accordingly dismissed. Though, this Court was inclined to impose costs on the Petitioner, at the request made by his counsel for non-imposition of costs and since validity of the Order dated 21 April 2026 and Corrigendum dated 5 May 2026 is determined in this Petition, costs are made easy. [SANDEEP V. MARNE, J.] ___Page No. 8 of 8 ___ 11 September 2026