Case Note & Summary
The petitioner, The Bank of India Staff Panchsheel Cooperative Housing Society Limited, filed a writ petition challenging the order dated 30th September 2024 passed by the Deputy Registrar, Cooperative Societies, K West Ward, Mumbai, which approved the amendment to Bye-law No. 19(c) of the society and fixed the election schedule. The petitioner also challenged the subsequent election process. The court noted that the petitioner had participated in the election process and the election had already been held. The court found that the Deputy Registrar's approval of the bye-law amendment was within the society's powers and not contrary to the Maharashtra Cooperative Societies Act, 1960. The court also observed that the petitioner had an alternative remedy of appeal under Section 152A of the Act. Consequently, the court dismissed the writ petition, upholding the Deputy Registrar's order and the election process.
Headnote
A) Cooperative Law - Bye-law Amendment - Approval by Registrar - The Deputy Registrar approved the amendment to Bye-law No. 19(c) of the society, which was challenged by the petitioner. The court held that the amendment was within the society's powers and the Registrar's approval was valid, as it was not shown to be contrary to the Act or Rules. (Paras 5-10)
B) Cooperative Law - Election Process - Schedule and Conduct - The court upheld the election schedule fixed by the Deputy Registrar, noting that the petitioner had participated in the election process and the election had already been held. The court declined to interfere, as the election was conducted and the petitioner's grievances were not substantiated. (Paras 11-15)
C) Writ Jurisdiction - Alternative Remedy - Availability of Appeal - The court observed that the petitioner had an alternative remedy of appeal under Section 152A of the Maharashtra Cooperative Societies Act, 1960, and the writ petition was not maintainable in the absence of exceptional circumstances. (Paras 16-18)
Issue of Consideration
Whether the Deputy Registrar's approval of the bye-law amendment and the election schedule for the society was valid and whether the petitioner was entitled to relief under writ jurisdiction despite availability of alternative remedy.
Final Decision
The High Court dismissed the writ petition, upholding the Deputy Registrar's order dated 30th September 2024 and the election process.
Law Points
- Cooperative societies
- Bye-law amendment
- Election process
- Natural justice
- Maharashtra Cooperative Societies Act
- 1960
- Section 79A
- Section 152A
- Writ jurisdiction
- Alternative remedy
Case Details
Writ Petition No. 8889 of 2024
Mr. Mayur Khandeparkar with Ms. Rachna Mamnani i/by Mr. Prashant P. Kulkarni for the petitioner. Mr. Nikhil Rajeshirke with Mr. Vishwajeet Kapse and Mr. Saurabh Rajeshirke for respondent No.1. Ms. Kavita N. Solunke, Additional G.P. with Mr. Hamid Mulla, AGP for respondent No.2-State.
The Bank of India Staff Panchsheel Cooperative Housing Society Limited
Jitendra Kumar Jani, Deputy Registrar, Cooperative Societies, K West Ward, Vikas R. Korade
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Nature of Litigation
Writ petition challenging the Deputy Registrar's order approving bye-law amendment and election schedule of a cooperative housing society.
Remedy Sought
The petitioner sought quashing of the Deputy Registrar's order dated 30th September 2024 and the election schedule, and sought to restrain the election process.
Filing Reason
The petitioner alleged that the Deputy Registrar's approval of the bye-law amendment and the election schedule was illegal and violative of the Maharashtra Cooperative Societies Act, 1960.
Previous Decisions
The Deputy Registrar, Cooperative Societies, K West Ward, passed an order on 30th September 2024 approving the amendment to Bye-law No. 19(c) and fixing the election schedule.
Issues
Whether the Deputy Registrar's approval of the bye-law amendment was valid.
Whether the election schedule fixed by the Deputy Registrar was lawful.
Whether the writ petition was maintainable in view of alternative remedy of appeal.
Submissions/Arguments
The petitioner argued that the bye-law amendment was not in accordance with the Act and the election schedule was arbitrary.
The respondents contended that the amendment was within the society's powers and the election was conducted fairly, and the petitioner had an alternative remedy.
Ratio Decidendi
The court held that the Deputy Registrar's approval of the bye-law amendment was valid as it was within the society's powers and not contrary to the Act. The election schedule was also upheld as the petitioner participated in the process. The court also noted the availability of alternative remedy under Section 152A of the Maharashtra Cooperative Societies Act, 1960.
Judgment Excerpts
The Deputy Registrar approved the amendment to Bye-law No. 19(c) of the society.
The petitioner had participated in the election process and the election had already been held.
The court observed that the petitioner had an alternative remedy of appeal under Section 152A of the Act.
Procedural History
The Deputy Registrar passed an order on 30th September 2024 approving the bye-law amendment and election schedule. The petitioner filed a writ petition before the Bombay High Court challenging the order. The court heard the matter and dismissed the petition on 19th December 2025.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Section 79A, Section 152A
