Neeta Sawant 1/16 WP 16171 of 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.16171 OF 2025

Mahesh Madhukar Bhartiya ....Petitioner

V/S

1. Divisional Joint Registrar (Co-operative)

Mumbai Divisional, Mumbai

2. Deputy Registrar,

Co-operative Societies, Mumbai

3. Mr. Sanjay B. Salavi

Chairman,

4. Mr. Sanjay Kukian,

Secretary

5. Mr. Madhu A.V.

Treasurer

Lok Nisarg Co-operative Housing

Society Limited, Mulund (W), Mumbai. ....Responde nts

_________

Mr. Mandar Limaye with Mr. Nagraj Tarde for the Petitioner.

Ms. Mamta S. Shrivastava, AGP for Respondent Nos.1 and 2/State.

Ms. Seema Chopda with Mr. T.R. Yadav for Respondent Nos.3 to 5.

__________

Page No. 1 of 16

25 JUNE 2026

Neeta Sawant 2/16 WP 16171 of 2025

CORAM: SANDEEP V. MARNE, J.

RESERVED ON: 18 JUNE 2026.

PRONOUNCED ON: 25 JUNE 2026.

J U D G M E N T:

1. By this Petition �led under provisions of Article 227 of the

Constitution of India, Petitioner has challenged order dated 20

November 2025 passed by the Divisional Joint Registrar, Co-operative

Societies, Mumbai Division, Mumbai (Divisional Joint Registrar)

allowing Revision Application No.319 of 2025 �led by Respondent Nos.3

to 5 and setting aside the order dated 18 August 2025 passed by the

Deputy Registrar, Co-operative Societies, T Ward, Mumbai (Deputy

Registrar). By order dated 18 August 2025 passed under provisions of

Section 154B-23(3) of the Maharashtra Co-operative Societies Act, 1960

(MCS Act), the Deputy Registrar had disquali�ed Respondent Nos.3 to 5

from acting as Managing Committee members of the Society for a period

of �ve years.

2. Lok Nisarg Co-operative Housing Society Limited is registered

under provisions of MCS Act and which is formed by �at purchasers of

buildings comprising 7 Wings and 281 members including 11

commercial units. The Managing Committee of the 6

th

Respondent-

Society was constituted for the term 2023-2028. Respondent Nos.3 to 5

were elected as Managing Committee members of the Society. Petitioner

is one of the members of Respondent No.6-Society and had demanded

Compact Disk (CD) in respect of Special General Body Meeting (SGM)

conducted in May 2023 and Annual General Body Meeting (AGM) held

on 10 September 2023. Accordingly, Petitioner, alongwith other

members, had submitted letter dated 27 January 2024 to the Deputy

Page No. 2 of 16

25 JUNE 2026

Neeta Sawant 3/16 WP 16171 of 2025

Registrar complaining about non-receipt of the CD. Another complaint

dated 16 April 2025 was submitted by the Petitioner. The Deputy

Registrar issued letter dated 15 May 2025 to the Chairman/Secretary of

the Society directing supply of demanded documents after recovering

copying fees. Petitioner served advocate notice dated 7 June 2025

complaining about non-receipt of demanded documents. On 18 June

2025, the Deputy Registrar �xed a hearing in respect of complaint of

Petitioner on 7 July 2025. The Society deposited the demanded

documents with the of�ce of Deputy Registrar, but Petitioner refused to

accept the said documents. The Society also took a stand that unless

Petitioner handed over complete charge of records in respect of

Committee’s tenure 2015-2023, his demands could not be satis�ed. The

Deputy Registrar therefore issued a show cause notice under provisions

of Section 154B-23(1)(iii) of the MCS Act to the Societ y for

disquali�cation of Chairman, Secretary and Treasurer thereof. The

hearing in the show cause notice was conducted on 7 August 2025.

3. The Deputy Registrar passed order dated 18 August 202 5

disqualifying Respondent Nos.3 to 5 from being managing committee

members for a period of �ve years. On the same day, another order was

passed under Section 77A(b-1) of the MCS Act noticing that �ve

members of the managing committee had resigned and since three

members were disquali�ed, there was no managing committee for

looking after day-to-day affairs of the Society. Accordingly, by order

dated 18 August 2025, the Deputy Registrar appointed an authorized

of�cer to look after the day-to-day affairs of the Society.

Page No. 3 of 16

25 JUNE 2026

Neeta Sawant 4/16 WP 16171 of 2025

4. Respondent Nos.3 to 5 preferred Revision Application No.319 of

2025 in respect of order of disquali�cation and Appeal No.187 of 2025 in

respect of order appointing authorized of�cer. Both Revision as well as

Appeal were heard together by the Divisional Joint Registrar and by

common order dated 20 November 2025, both the impugned ord ers

passed on 18 August 2025 by the Deputy Registrar have been set aside.

Petitioner is aggrieved by the order passed by the Divisional Joint

Registrar on 20 November 2025 and has accordingly �led the present

Petition.

5. By order dated 9 December 2025, this Court admitted the Petition.

Petitioner �led Special Leave Petition (C) No.27172 of 2026 before the

Hon’ble Supreme Court challenging the order of admission dated 9

December 2025. By order dated 15 May 2026, the Hon’ble Apex Court

disposed of the Special Leave Petition by granting liberties to the

Petitioner to press for interim relief as well as to seek expeditious

disposal of the Writ Petition. Accordingly, by order dated 15 June 2026,

the Writ Petition was directed to be listed for �nal hearing on 18 June

2026.

6. Mr. Limaye, the learned counsel appearing for the Petitioner

submits that the Divisional Joint Registrar has grossly erred in setting

aside the order of the Deputy Registrar. That non-supply of demanded

documents is an admitted fact as the documents were produced by the

Society directly before the Deputy Registrar. He relies on the provisions

of Section 154B-8 of the MCS Act in support of his contention that it is

the duty of the Managing Committee to furnish minutes of SGM and

Page No. 4 of 16

25 JUNE 2026

Neeta Sawant 5/16 WP 16171 of 2025

AGM. That in the present case, despite repeatedly demanding minutes of

SGM held in May 2023 and AGM held in September 2023, the Society

failed to furnish the said documents. That the Divisional Joint Registrar

has erred in setting aside the order of the Deputy Registrar only on

account of non-payment of copying charges. That copying charges were

never intimated to the Petitioner. In support of his contention of right of

a member to inspect and secure copies of records of the Society, Mr.

Limaye relies upon judgment of this Court in Smt. Nair Pushpa

Sureshkumar and Ors. vs. The State of Maharashtra and Ors.

1

He also

relies upon judgment of this Court in Shahid Tamboli and Ors. vs.

Divisional Joint Registrar Co-op Societies and Ors.

2

Mr. Limaye prays

for setting aside the order passed by the Divisional Joint Registrar.

7. The Petition is opposed by Ms. Chopda, the learned counsel

appearing for Respondent Nos.3 to 5 who supports the order passed by

the Divisional Joint Registrar. She submits that Petitioner is not just a

member but also a Managing Committee member of the Society. That

therefore he was already privy to all the records of the Society. That the

Society had resolved to go paperless and to electronically supply

documents to the members and accordingly minutes of the concerned

SGM and AGM were supplied to the Petitioner through Wh atsApp

messages. That the real motive of the Petitioner is to somehow take over

the affairs of the Society. That Petitioner and his group were in the

previous Managing Committee and deliberate disquali�cation of

Respondent Nos.3 to 5 was sought with a view to ensure that previous

Managing Committee takes over the charge. That therefore Petitioner

1

Writ Petition No. 14087 of 2023 decided on 12 December 2025.

2

Writ Petition No. 5096 of 2022 decided on 20 July 2023

Page No. 5 of 16

25 JUNE 2026

Neeta Sawant 6/16 WP 16171 of 2025

and other managing committee members deliberately resigned on the

date of passing of order of disquali�cation. She also relies on judgment

of this Court in Smt. Nair Pushpa (supra) in support of her contention

that there needs to be strict ful�llment of conditions for ordering

disquali�cation of elected managing committee members. She also relies

upon judgment of this Court in Jijau Coop. Housing Soci. Ltd. vs. State

of Maharashtra and Ors.

3

. She prays for dismissal of the petition.

8. I have also heard Ms. Shrivastava, the learned AGP, who supports

the order passed by the Divisional Joint Registrar.

9. Rival contentions urged on behalf of the parties now fall for my

consideration.

10. Respondent Nos. 3 to 5 occupied the positions of Chairman,

Secretary and Treasurer respectively of Respondent No.6- Society. They

were elected for the term 2023-2028. Petitioner himself was the

Managing Committee member alongwith Respondent Nos. 3 to 5. He

sought disquali�cation of Respondent Nos.3 to 5 under provisions of

Section 154B-23(1)(iii) read with Section 154B-8 of MCS Act. The Deputy

Registrar ordered disquali�cation of Respondent Nos.3 to 5 vide order

dated 18 August 2025. On account of tendering of resignation by the

Petitioner and three other managing committee members on 18 August

2025, the Deputy Registrar proceeded to appoint Authorised Of�cer for

looking after day-to-day affairs of the Society. This is how Petitioner

ensured not only disquali�cation of Respondent Nos. 3 to 5 but also

3

Writ Petition No. 12871 of 2015 decided on 11 November 2015

Page No. 6 of 16

25 JUNE 2026

Neeta Sawant 7/16 WP 16171 of 2025

appointment of an Authorised Of�cer under Section 77A(b-1) of the MCS

Act.

11. The grouse of the Petitioner is non-supply of various documents

demanded by him and consequent violation of provisions of Section

154B-8. According to Mr. Limaye, the Society failed to furnish copies of

minutes of SGM held in May 2023 and AGM held on 10 September 2023.

Section 154B-8 of the MCS Act confers right upon a member to inspect

the documents. Sub-section (1) of Section 154B-8 deals with the right of

the member to inspect the documents, whereas sub-section (2) deals

with the duty cast upon the Society to furnish to the member copies of

any documents enumerated in sub-section (1). Section 154B-8 of MCS

Act provides thus:

154B-8. Rights of Members to inspect the documents.—

(1) Every Member of a society shall be entitled to inspect, free of cost, at the

society’s of�ce during of�ce hours, or any time �xed for the purpose by the

society, a copy of the Act, the rule and the bye-laws, the last audited annual

balance sheet, the pro�t and loss account, a list of the members of the

Committee, a register of members, the minutes of general meetings, minutes

of Committee meetings and those portions of the books and records in which

his transactions with the society have been recorded.

(2) A society shall furnish to a Member, on request in writing and on payment

of such fees at such rate as may be decided by the Registrar, from time to time,

the copies of any documents mentioned in the foregoing sub-section within

forty-�ve days from the date of payment of such fees and when the Society is

assisted by the Government in the form of share capital, loan and land, the

said Society shall furnish such information within thirty days from the date so

requested by a member.

12. Section 154B-23 deals with disquali�cation of Committee and its

members and provides thus:

Page No. 7 of 16

25 JUNE 2026

Neeta Sawant 8/16 WP 16171 of 2025

154B-23. Disquali�cation of Committee and its Members.—

(1) Without prejudice to the other provisions of this Act or the rules made

thereunder, in relation to the disquali�cation of being a Member of the

Committee, no person shall be eligible to be appointed, nominated, elected,

co-opted for being a Member of Committee,—

(i) if he is a defaulter of any society, or

(ii) if he carries on business of letting, subletting and selling of �ats in

the housing society of which he is a Member, or

(iii) if he has been held responsible under section 79, 88, 154B-

8(2) or 154B-27 or for payment of cost of enquiry under section

85, or

(iv) if he has incurred any disquali�cation under this Act or the rules

made thereunder, or

(v) if he incurs any of the disquali�cation similar to that mentioned in

the provisions of clause (vii), (viii) or (ix) of clause (f) of sub-section (1)

of section 73CA.

(2) A Member, who has incurred any disquali�cation under sub-section (1),

shall cease to be a Member of Committee and his seat shall thereupon be

deemed to be vacant.

(3) A Member of a Committee who has ceased to be a Member thereof, on

account of having incurred disquali�cation under clause (ii), (iii), (iv) or (v) of

sub-section (1), shall not be eligible to be re-elected, re-co-opted or re-

nominated as a Member of Committee for �ve years from the date on which he

or she has so ceased to be a Member of the Committee.

(4) A Member of a Committee who has ceased to be a Member thereof, on

account of having incurred disquali�cation other than disquali�cations,

referred to in sub-section (3), shall, unless otherwise speci�cally provided in

this Act, be eligible to be re-elected, re-co-opted or re-nominated as a Member

of Committee as soon as such disquali�cation ceases to exist.

(emphasis and underling added)

13. Thus, under clause (iii) of sub-section (1) of Section 154B-23, if a

member of the Committee is held responsible under Section 154B-8(2),

he incurs disquali�cation from being appointed, nominated, elected or

co-opted as a member of the Committee. Under sub-section (2) of

Section 154B-23, a member who has incurred disquali�cation under sub-

section(1), ceases to be the member of the Committee and the seat

occupied by him is deemed to be vacant and such member is not eligible

Page No. 8 of 16

25 JUNE 2026

Neeta Sawant 9/16 WP 16171 of 2025

to be re-elected, re-co-opted or re-nominated as a member of the

Committee for �ve years.

14. Having considered the statutory scheme of Sections 154B-8 and

Section 154B-23 of the MCS Act, I now proceed to examine whether

Respondent Nos.3 to 5 had indeed incurred disquali�cation under

Section 154B-23 on account of violation of provisions of Section 154B-8.

15. Petitioner has relied upon letter dated 27 January 2024, which was

addressed by �ve members of the Managing Committee to the Deputy

Registrar. The letter dated 27 January 2024 reads as under:

महोदय,

nt1/6WP7wPof/6fW205MhMwsd uwkwWMrM Biyw .26.wV.i2V.iwN.PDyw1v6eywlWMhwJRg .wN.(7 ley

C .2- .1pMwlr.iw1v6eywlWMhwJRg .wN.(7 leywC .2- .1pMwlr.iw1�ही अ�ात आ�हाला मे

२०२३ रोजी झाले�या SGM आ�ण १० स�ट�बर २०२३ रोजी झाले�या AGM ची CD आ�हाला देत

ाहीत. या दो�ही बैठकांम�ये घेतले�या �मी�सला आमचा �वरोध आहे. कारण मॅे�ज� क�मटी�या

Yq�1:lw�inMg .w/N6yOW6EW.iweMw�i.VwGMlnMnMw6.eylfw .hywW�यता या CD मधूच �प� होईल.

16. Thus, the letter dated 27 January 2024 was not a requisition sent

to the Society but was a complaint made to the Deputy Registrar about

non-furnishing of CD in respect of SGM conducted in May 2023 and

AGM conducted on 10 September 2023. Therefore, letter dated 27

January 2024 cannot be treated as requisition made to Society under

Section 154B-8 (2) of the Act. It is not a request made to the Society in

writing. Merely because copy of letter dated 27 January 2024 is addressed

to Chairman and Secretary of the society, it cannot be treated as a

request made to society under 154B-8 (2). Furthermore, what is

demanded by letter dated 27 January 2024, is a CD in respect of SGM in

May 2023 and AGM on 10 September 2023. The letter is not in respect of

minutes of the SGM or AGM. From subsequent correspondence, it is

Page No. 9 of 16

25 JUNE 2026

Neeta Sawant 10/16 WP 16171 of 2025

apparent that demand was for CD containing video recording in respect

of two meetings. Sub-section (1) of Section 154B-8 does not include

video recording of a meeting in the list of documents enumerated

therein. Therefore for both the reasons of letter not being a request

made to the society in writing as well as demanding something not

envisaged under Section 154B-8, the letter dated 27 January 2024 is

irrelevant for deciding the issue of disquali�cation of members of the

committee.

17. Petitioner has thereafter relied on letter dated 16 April 2025,

which again was addressed by the Petitioner to the Deputy Registrar.

Thus, letter dated 16 April 2025 again, cannot be treated as request made

in writing to the society. The letter dated 16 April 2025 reads as under:

महारा��wWe1.iywW205.ws x/6 Nw[]MNw- .wlilEay6EW.iw1nNw[OPwQRSw6EW.iwnt1w/6WP7

We1.iy wPoe/6N.7DwW205Mh.wNy wWa0 wsW—6S wN’6Mz3P w1/NBywसद�य आहे. तरी �े�या दो

व�ाUपासू मला सं�थेची का�दप�े �यांची झेरॉ�स SGM, AGM स�ट�बर 2023 ते 2024 सी.डी.

N.P—6eywaM[ .lwJnMnyw6.eyf wNyw\Eg1 w]RqWM^ waM[ .Wwl .iwsWl.6ा मला मे 2023 �पेशल

367nwYWpyw4KAwSwWHB_YiwYNYZSwWHB_YiwYNYPwhywWypyw/Nळावी, �हणू तसेच इं�जी �म��स

मराठीत भा�ांतर �मळावे, याक�रता आपणाशी प��यवहार के ला होता. �याला पाचशे �दवस झालेले

JeMlfwliyws).Reyw[OPwQRSw6EW.iwnt1w/6WP7w1/NBywViw1.iV.Fw1M nMnyw6.eyfwe.wJN- .

WtYlw1M nMn.wbMab.VwJeMf wJRg .w1. .7n .6M w[OPwQRS w6EW.iw1े ले�या कारवाईची अेक

�करणे उपल�ध आहेत. असे असतााही आमची �वंतीची वेळोवेळी कोणतीच दाखल घेतलेली

6.eyfwliyw[OPwQRiw6EW.iwsd uSwW h6Swhj36x.iwJTDw1/NBी सद�य या�यावर �लंबाची

कारवाई करावी �ह �वंती.

18. The letter dated 16 April 2025 was again a complaint for non-

furnishing of CD as well as Marathi translation of minutes recorded in

English language. Again, neither a video recording nor Marathi

translation of minutes recorded in English are included within the list of

documents enumerated under sub-section (1) of Section 154B-8.

19. Faced with the dif�culty that none of the letters attached to the

Petition at Exh. A constitute a request in writing under sub-section (2) of

Page No. 10 of 16

25 JUNE 2026

Neeta Sawant 11/16 WP 16171 of 2025

Section 154B-8, Mr. Limaye has produced during the course of hearing

letters of 28 August 2023 and 21 September 2024. This Court does not

appreciate production of material directly during hearing of the Petition

by taking other side by surprise. However, even if this conduct of the

Petitioner is ignored, perusal of letters dated 28 August 2023 addressed

to Chairman/Secretary of Society indicates that the Petitioner had

demanded altogether different documents than the one for which letter

dated 27 January 2024 and 16 April 2025 were sent. Also, what was

demanded by Petitioner was minutes of meetings of Mana ging

Committee held during May 2023 to August 2023 and order of Deputy

Registrar constituting new Management Committee. He also demanded

video CD/pendrive of SGM without specifying the exact meeting. Letter

dated 28 August 2023 reads thus:

fRitkw/VT .8V MwJRD.Ww/V62lyw1iltw1:S wnt1/6WP7wW205Mhy 4 मे 2023 ते 13 ऑ��ट

YNYZw .waim .6w1. 71.iywWbM- .wj.nMg .wYq�1wJTDwfR/6Y2x1.26yw6Vy6w1/NByhMw1M nMnM

P�6 w C .hy w JaMT\l w el w Nn. w aM[ .l w .VyS wC .W.�y w fR/6Y2x1S wWeकारी सं�था यांी

ठर�वले�या दरा�माणे �याची र�म मी अदा कर�यास तयार आहे.

lWMhwW205M- .w/V\MTwWV7W.x.iDwWbMhywdeypynwWypywo1V. wPEN DRIVE �मळावा यासाठी

.JxywN.PDyw1M nywetlyS wRi2lEwlyws).RwNn.w/N_.nMnyw6ाही. ते ही मला त�काळ �मळावे,

�याचीही र�म मी अदा कर�यास तयार आहे.

कृR .wWaiwY.YvhywREl7l.w1iV.VySweyww/V62lyf

20. Thus, in addition to video CD/pendrive in respect of unspeci�ed

SGM, Petitioner demanded copy of minutes of Management Committee

meetings held during 4 May 2023 to 13 August 2023 and copy of order of

Deputy Registrar. Mr. Limaye has also produced copy of letter dated 21

September 2024 which reads thus:

Page No. 11 of 16

25 JUNE 2026

Neeta Sawant 12/16 WP 16171 of 2025

ये�या 29 स�ट�बर 2024 रोजी nt1/6WP7 सोसायटीची वा��क WV7W.x.iD सभा होणार आहे.

�याची (AGM) �व�य प��का, लेखापरी�ण अहवाल आ�ण 1. 7 अहवालाची झेरॉ�स �त मला

लवकरात लवकर दे�यात यावी �ह �वंती.

21. Thus, the letter dated 21 September 2024 addressed to Society

contained demand of altogether different documents of agenda of AGM

which was to be held on 29 September 2024, audit report and action

taken report.

22. Perusal of order of disquali�cation passed by Deputy Registrar

would indicate that he has referred to Petitioner’s request dated ‘21

January 2024’. There is no such letter in existence. I proceed on

assumption that there is typographical error in the order and what is

actually considered is letter dated 21 September 2024. This is clear from

following observations of the order:

s37a.iwxy. महेश भारतीय यांी �दांक २१/०१/b,bywit3y- .ws3.78V MwW205M1pMw/a6.21

२९/०९/b,bywit3ywj.nMg .wV.wT1wWV7W.x.iDwWbMhyw/VT R/V1., लेखापरी�ण अहवाल व

1. 7 wseV.n.- . w{. .2/1lwelyhywN.PDy w1M ny wetly. मा� सं�थेे महारा�� सहकारी सं�था

अ�ध�यम १९६० चे कलम १५४ बी-iwNxynwlilEay6EW.iwc,w/aVW.2hMwJlws37a.iw .26.

1tDlMeywnMhywf~iw/ag .hMw/aW—6w Mlw6.ey. lWMhws37a.iw .26ywN.PDyw1M nMg .w1.PaRV.2- .

शु�काबाबतदेखील कोणताही प��यवहार के �याबाबतची का�दप�े सं�थेे स.aiw1M nMnyw6.eyl.

23. Also, from various letters referred to above, it appears that

Petitioner was repeatedly demanding variety of documents from the

Society frequently. He himself was a Managing Committee member, both

in respect of current as well as past period. Mr. Limaye has submitted

during his course of submissions that minutes of SGM held in May 2023,

and AGM held on 10 September 2023 were not supplied to the Petitioner.

However, in none of the correspondence referred to above, minutes of

Page No. 12 of 16

25 JUNE 2026

Neeta Sawant 13/16 WP 16171 of 2025

the said two meetings were ever demanded by the Petitioner. What was

demanded was a CD/pendrive containing video recording of the said

meetings.

24. Considering the above position, it is seen that order of Deputy

Registrar dated 18 August 2025 clearly suffered from non-application of

mind. Disquali�cation under Section 154B-23 casts a stigma and

therefore it is necessary that the order of disquali�cation of committee

members is not passed causally unless the Deputy Registrar arrives at

the conclusion that there is unambiguous demand for documents in

writing and that there is deliberate failure by the Society to provide

copies to the members.

25. In Smt. Nair Pushpa (supra), this Court has discussed the

principles governing disquali�cation. It is held that substantial

compliance demonstrating sincere and early effort must also be borne in

mind while exercising the power of disquali�cation. Similarly, in Shahid

Tamboli and Ors. (supra), this Court upheld the order of disquali�cation

after being satis�ed that there was no substantial compliance by

members of the committee. In the present case, Petitioner has never

demanded physical copies of minutes of SGM and AGM in any of the

requisitions. This was because the Society has resolved to go paperless

and to make electronic communications through email, WhatsApp and

other media. Respondent Nos. 3 to 5 had placed on record WhatsApp

messages furnishing minutes of the concerned SGM and AGM. Petitioner

thus had the minutes of meetings and wanted to demonstrate incorrect

recording of the minutes through the video recording. This is the reason

Page No. 13 of 16

25 JUNE 2026

Neeta Sawant 14/16 WP 16171 of 2025

why Petitioner never demanded physical copies of the said minutes.

However, Deputy Registrar grossly erred in holding that minutes through

WhatsApp was not statutory compliance. Finding is recorded in

ignorance of the fact that Petitioner was not demanding minutes of

meeting. He was demanding video recording of the meetings.

26. Disquali�cation under 154B-23(1)(iii) can be ordered only if a

member of Managing Committee is held responsible for non-furnishing

of documents enumerated under Section 154B-8(1). As observed above,

sub-section (1) contemplates only enumerated documents of the Act, the

rule, the bye-laws, the last audited annual balance sheet, the pro�t and

loss account, a list of the members of the Committee, a register of

members, the minutes of general meetings, minutes of Committee

meetings and those portions of the books and records in which his

transactions with the society have been recorded. Section 154B-8 does

not contemplate providing video recording of meeting. It contemplates

only minutes of meeting. As observed above, provisions of Section 154B-

8(1) cannot be lightly interpreted and documents enumerated therein

cannot be expanded, particularly for ordering disquali�cation of elected

committee members.

27. Considering the above position, in my view, the Divisional Joint

Registrar has rightly set aside the order of disquali�cation passed by the

Deputy Registrar. Non-payment of charges for certi�ed copies has also

been cited as an additional reason by the Divisional Joint Registrar for

setting aside the order of the Deputy Registrar. Petitioner was

demanding a host of documents and even Deputy Registrar has got

confused while ordering disquali�cation. The society therefore appears

Page No. 14 of 16

25 JUNE 2026

Neeta Sawant 15/16 WP 16171 of 2025

to be justi�ed in not communicating the copying charges in respect of

varying demands of the Petitioner, especially because Petitioner himself

was the member of the committee.

28. As observed above, Petitioner himself was a member of the

Managing Committee. In his letter dated 16 April 2025 addressed to

Deputy Registrar, he has described himself as ‘suspended managing

committee member’. It appears that Petitioner had an axe to grind

against Respondent Nos. 3 to 5. The fact that four Committee members

including the Petitioner tendered resignations immediately upon

disquali�cation of Respondent Nos. 3 to 5 and ensured appointment of

Administrator on the Society speaks volumes about the real objective

behind demanding varied documents and ensuring disquali�cation of

Respondent Nos. 3 to 5.. The entire exercise has resulted in a situation

where the whole of the Managing Committee has disappeared and an

external Administrator is appointed upon the Society. All this is done by

�ling repeated complaints and requests for supply of varied documents

by a member of Managing Committee, who is otherwise supposed to be

privy to the records of the Society. Considering this position, this Court

is otherwise not inclined to exercise extraordinary jurisdiction under

Article 227 of Constitution of India. The jurisdiction is supervisory in

nature and need not be exercised to correct every error of law and fact.

This Court is otherwise satis�ed with the �nal outcome of the litigation.

In that view of the matter, Petitioner cannot compel this Court to

exercise jurisdiction under Article 227 of Constitution of India.

Reference in this regard can be made to the judgment of Apex Court in

Garment Craft vs. Prakash Chand Goel

4

in which it is held as under:

4

(2022) 4 SCC 181

Page No. 15 of 16

25 JUNE 2026

Neeta Sawant 16/16 WP 16171 of 2025

15. Having heard the counsel for the parties, we are clearly of the view that the

impugned order [Prakash Chand Goel v. Garment Craft, 2019 SCC OnLine Del

11943] is contrary to law and cannot be sustained for several reasons, but

primarily for deviation from the limited jurisdiction exercised by the High

Court under Article 227 of the Constitution of India. The High Court exercising

supervisory jurisdiction does not act as a court of �rst appeal to reappreciate,

reweigh the evidence or facts upon which the determination under challenge

is based. Supervisory jurisdiction is not to correct every error of fact or even a

legal �aw when the �nal �nding is justi�ed or can be supported. The High

Court is not to substitute its own decision on facts and conclusion, for that of

the inferior court or tribunal. [Celina Coelho Pereira v. Ulhas Mahabaleshwar

Kholkar, (2010) 1 SCC 217] The jurisdiction exercised is in the nature of

correctional jurisdiction to set right grave dereliction of duty or �agrant abuse,

violation of fundamental principles of law or justice. The power under Article

227 is exercised sparingly in appropriate cases, like when there is no evidence

at all to justify, or the �nding is so perverse that no reasonable person can

possibly come to such a conclusion that the court or tribunal has come to. It is

axiomatic that such discretionary relief must be exercised to ensure there is no

miscarriage of justice.

29. Considering overall conspectus of the case, I do not �nd any valid

reason to interfere in the order of the Divisional Joint Registrar.

30. Writ Petition is bereft of merits. It is accordingly dismissed with

no order as to costs. Rule is discharged.

(SANDEEP V. MARNE, J.)

Page No. 16 of 16

25 JUNE 2026

NEETA

SHAILESH

SAWANT

Digitally

signed by

NEETA

SHAILESH

SAWANT

Date:

2026.06.25

15:40:24

+0530