Case Note & Summary
The Bombay High Court allowed the writ petition filed by Petit Mansion C-Wing Cooperative Housing Society Limited and its Chairperson challenging orders passed by the Deputy Registrar and the Divisional Joint Registrar under the Maharashtra Cooperative Societies Act, 1960. The impugned orders, passed under Section 154B-27, had directed inclusion of certain respondents’ names and issuance of maintenance bills on the basis of a disputed 4% share in a shop arising from consent terms and a conveyance deed. The Court held that Section 154B-27 is a purely enforcement provision and does not empower the Registrar to adjudicate disputes relating to ownership, membership or civil liability. It was found that the authorities had exceeded their jurisdiction by effectively deciding substantive civil rights and directing the Chief Promoter, despite serious disputes raised by the society. Accordingly, all impugned orders and consequential show-cause notices were quashed, with liberty to the parties to seek appropriate relief before the competent forum.
Headnote
Maharashtra Cooperative Societies Act, 1960 — S. 154B-27--The petitioners, Petit Mansion C-Wing Cooperative Housing Society Limited and its Chairperson, filed a writ petition challenging orders dated 24 March 2025 and 19 December 2024 passed by the Divisional Joint Registrar and Deputy Registrar under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960 (MCSA) -- The orders directed inclusion of respondent Nos.5 to 8 in the registration documents of petitioner No.1 society based on an unregistered conveyance deed for a 4 percent share in Shop No. C/S/06 -- — HIGH COURT Held, S.154B-27 is an enforcement provision enabling Registrar to ensure performance of pre-existing and undisputed statutory duties of a society — Registrar has no adjudicatory power to decide disputes relating to ownership, membership, title or civil liability — Direction to issue maintenance bills involving financial liability amounts to adjudication, impermissible under S.154B-27 — Registrar cannot issue directions to Chief Promoter in absence of statutory authority — Estoppel or consent cannot confer jurisdiction — Orders passed under S.154B-27 and affirmed in appeal held without jurisdiction and quashed — Parties left free to pursue remedies before competent forum.
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Issue of Consideration: The Issue of Consideration was whether the orders passed under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960, directing inclusion of respondent Nos.5 to 8 in the registration documents of petitioner No.1 society, were legally sustainable given procedural irregularities and lack of jurisdiction
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Final Decision
The High Court allowed the writ petition, quashed the impugned orders dated 24 March 2025 and 19 December 2024 passed under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960, and set aside the consequential show cause notices dated 5 February 2024 and 10 June 2024.
