Case Note & Summary
The High Court allowed a writ petition filed by Petitioner challenging an order passed by the Minister for Cooperation that halted a statutory inquiry into alleged financial irregularities by former directors. The petitioner society had initiated inquiry proceedings based on a Special Report from the Statutory Auditor under Section 81(5B) of the Maharashtra Cooperative Societies Act 1960, leading to the Additional Registrar ordering an inquiry under Section 88 of the Act. The Minister, exercising revisionary powers under Section 154, set aside both the inquiry order and the Special Report. The Court found that the revisional authority exceeded its jurisdiction, as the inquiry under Section 88 was administrative in nature and merely set in motion statutory mechanisms without adjudicating rights. The Court restored the inquiry proceedings, emphasizing that statutory processes should not be arbitrarily interrupted.
Headnote
The High Court of Judicature at Bombay -- Civil Appellate Jurisdiction -- Writ Petition -- Petitioner challenged order dated 17 December 2025 passed by Minister for Cooperation in Revision Application No. 629 of 2024 -- The revisional authority set aside order dated 12 September 2024 passed by Additional Registrar directing inquiry under Section 88 of Maharashtra Cooperative Societies Act 1960 -- The revisional authority annulled Special Report dated 14 August 2024 submitted by Statutory Auditor under Section 81(5B) of the Act -- The Court examined jurisdictional limits of revisionary powers under Section 154 of Maharashtra Cooperative Societies Act 1960 -- The Court held inquiry under Section 88 is administrative not adjudicatory -- The Court found revisional authority interfered with statutory process without justification -- The Court quashed impugned order and restored inquiry proceedings
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Issue of Consideration: The Issue of Consideration mentioned in the Judgement is whether the revisional authority under Section 154 of the Maharashtra Cooperative Societies Act 1960 acted within jurisdiction in setting aside the inquiry order under Section 88 of the Act
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Final Decision
The Court allowed the writ petition -- The Court quashed the order dated 17 December 2025 passed by Minister for Cooperation -- The Court restored the inquiry proceedings under Section 88 of Maharashtra Cooperative Societies Act 1960
