Case Note & Summary
The petitioner society filed a Writ Petition under Article 227 of the Constitution of India, challenging orders that granted membership to respondent Nos. 4 and 5 for Plot No. 26 under the Maharashtra Co-operative Societies Act, 1960. The society argued that the assignment of the plot breached lease conditions from 1963, which required prior written consent and payment of lease premium. Respondent Nos. 4 and 5 had applied for membership after acquiring the plot through a deed of assignment dated 01 August 2024, which the society rejected. The Deputy Registrar allowed their appeal, and the Divisional Joint Registrar dismissed the society's revision. The petitioner contended that authorities ignored binding lease terms and that statutory amendments under Section 154(B)(7) altered the legal landscape, making prior judgments and government directions inapplicable. The High Court analyzed the lease conditions, statutory provisions, and amendments, concluding that the authorities acted within jurisdiction and that the petition lacked merit. The court dismissed the petition, confirming the membership grant.
Headnote
The High Court of Judicature at Bombay, in its civil appellate jurisdiction, heard a Writ Petition under Article 227 of the Constitution of India -- The petitioner, challenged orders dated 15 October 2025 and 08 May 2025 under the Maharashtra Co-operative Societies Act, 1960 -- The orders directed grant of membership to respondent Nos. 4 and 5 for Plot No. 26 -- The petitioner contended that the assignment of the plot violated lease conditions requiring prior written consent and payment of lease premium -- The court examined Section 154(B)(7) of the Act, which obliges societies to enforce lease conditions not inconsistent with the Act -- It considered the impact of statutory amendments on the judgment in New India Co-operative Housing Society Ltd. v. State of Maharashtra and government directions under Section 79A -- The court held that the authorities did not commit jurisdictional error in granting membership -- The petition was dismissed, upholding the impugned orders
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Issue of Consideration: The Issue of whether the authorities under the Maharashtra Co-operative Societies Act, 1960, erred in directing grant of membership to respondents despite alleged breach of lease conditions, particularly the absence of prior written consent and non-payment of lease premium, and the applicability of statutory amendments to override previous judicial and governmental directives
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Final Decision
The High Court dismissed the Writ Petition, upholding the orders dated 15 October 2025 and 08 May 2025 that granted membership to respondent Nos. 4 and 5 under the Maharashtra Co-operative Societies Act, 1960
