Renuka Thakur 25-WP-12063-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12063 OF 2026 Ashish Doodhnath Mishra and Ors ...Petitioners V/s. The Divisional Joint Registrar Of Co- Op Societies Konkan Divsion and Ors ...Respondents ________________ Mr. Rammani Upadhyay for Petitioners. Mr. P. G. Sawant, AGP for Respondent-State. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 16 SEPTEMBER 2026. P.C.: 1) The Petition challenges order dated 12 August 2026 passed by the Divisional Joint Registrar, Konkan Division, Navi Mumbai(Divisional Joint Registrar) rejecting the Application for stay preferred by the Petitioners. Petitioners had prayed for stay of order dated 8 June 2026 passed by the District Deputy Registrar where the entire managing committee was disqualified under provisions of Section 75 (5) and 82 (4) of the Maharashtra Co-operative Societies Act, 1960 (MCS Act). 2) I am not impressed by the manner in which the Divisional Joint Registrar has decided the Application for stay. After recording the submissions canvassed by the counsel appearing for the Petitioners, the Page No. 1 of 3 16 SEPTEMBER 2026 2026:BHC-AS:37879 Renuka Thakur 25-WP-12063-2026.docx Divisional Joint Registrar has rejected the Application for stay by recording a generalized finding that Petitioners could not canvass any reasonable justification in respect of their disqualification. It appears that attention of the Divisional Joint Registrar was invited to judgment of this Court in Kailash Maheshwari and Ors. V/s State of Maharashtra and Ors 1 . The Divisional Joint Registrar was required to take into consideration the ratio of judgment while deciding the Application for stay. It was also specifically urged before the Divisional Joint Registrar that the alleged inaction in respect of audit rectification report is during the period of earlier managing committee. However, even this objection is not taken into consideration by the Divisional Joint Registrar. The order dated 12 August 2026 passed by the Divisional Joint Registrar is clearly faulty and this Court would have set aside the same. However, it appears that the Authorized Officer appointed as a consequence of disqualification of entire managing committee has already taken over the charge of records of the society on 9 July 2026. It is only on this count that this Court is not setting aside the order dated 12 August 2026 though the same is found to be perfunctory. 3) The Divisional Joint Registrar shall, however, proceed to decide the pending Revision in an expeditious manner preferably before 15 October 2026. While deciding the Revision Application, the Divisional Joint Registrar shall have due regard to the ratio of the judgment in this Court in Kailash Maheshwari (supra). He shall take into consideration the grounds urged on behalf of the Petitioners. 1 Writ Petition No. 10587 of 2025 decided on 25 September 2025 Page No. 2 of 3 16 SEPTEMBER 2026 Renuka Thakur 25-WP-12063-2026.docx 4) With the above observations, the Petition is disposed of. [SANDEEP V. MARNE, J.] Page No. 3 of 3 16 SEPTEMBER 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 17/09/2026 10:55:59