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12. Aggrieved by the aforesaid order, respondent Nos.1 and 2, along with Raghu Palat, another member of the Society, preferred an appeal before the Divisional Joint Registrar under Section 152 of the Maharashtra Co-operative Societies Act, 19603. The said appeal came to be dismissed by order dated 11th March, 2025 with the Divisional Joint Registrar finding no infirmity in the order passed by the Deputy Registrar, particularly in view of the fact that elections to constitute the Managing Committee had not been held in accordance with the provisions of 3 For short, ‘MCS Act’.

C.A.@SLP (C) No(s). 36106 of 2025 & connected matter the MCS Act, the Rules framed thereunder, and the Bye-laws of the Society.

13. In the meanwhile, the appellants in Civil Appeal @ SLP(Civil) No. 36106 of 2025 initiated steps for being admitted as members of the Society and, to that end, filed an application dated 11th March, 2025, before the Authorised Officer of the Society. Cheques drawn towards the share capital, admission fee, and the contribution of Rs.5,00,000/- were enclosed with the said application. However, by a communication dated 17th March, 2025, the Authorised Officer informed the appellants that he was not empowered to take any policy decision and, therefore, could not decide the appellants’ application for membership.

14. Aggrieved thereby, the said appellants preferred an appeal before the Deputy Registrar, Co-operative Societies under Section 23(2) of the MCS Act. By order dated 4th April, 2025, the Deputy Registrar disposed of the said appeal with a direction to the Authorised Officer to convene a Special General Body Meeting (SGBM) of the Society for taking a decision on the appellants’ application for membership within a period of thirty days.

C.A.@SLP (C) No(s). 36106 of 2025 & connected matter

44. The High Court, while allowing the writ petition filed by respondent Nos. 1-3, reasoned that the Joint Registrar had acted in excess of his jurisdiction in directing the Authorised Officer of the society to grant membership to the appellants in Civil Appeal @ SLP (C) No.36106 of 2025. However, such a conclusion cannot be countenanced in view of the fact that the appellants in the said appeal had initially approached the Authorised Officer of the society by way of an application seeking membership, which came to be refused on the ground that he did not have the jurisdiction to take policy decisions. It was only thereafter that the appellants in the said civil appeal availed of the statutory remedies of appeal and revision provided under the MCS Act, 1960. Furthermore, in view of the decision taken by the General Body in the AGM dated 30th September, 2025, the membership of the appellants in the said civil appeal has already been ratified. Hence, the C.A.@SLP (C) No(s). 36106 of 2025 & connected matter reasoning adopted by the High Court is unsustainable in law and cannot be upheld.