Kalpana Srinivasan Venkatesh and Ors. v. Divisional Registrar Co. Op Soc and Ors.

What is this about?

Three connected Bombay High Court Civil Writ Petitions (Nos. 5745, 5746 and 5747 of 2024), decided 18 November 2025 by AMIT BORKAR, J., challenging confirmation of personal liability fixed on petitioners in an inquiry under Section 88 of the Maharashtra Cooperative Societies Act based on a Section 83 report dated 26 December 2017 and Rule 71(1) show cause notices dated 26 March 2018; Appellate Authority appeal dismissed; Revision Applications Nos. 687, 688, 689 of 2023 confirmed liability. Court found the authorities failed to apply the parameters in Sanjeev Pathak v. State of Maharashtra (Writ Petition No. 10750 of 2022, paras 67-68 on liability of an elected officer; paras 81-89 on Rule 72 of the Maharashtra Cooperative Societies Rules), recorded no clear findings on the petitioners' role in disbursing a loan to an employee or its conformity with the Act, Rules and bye laws, held the impugned order unsustainable, and remitted the matter for fresh inquiry before a newly appointed authorised officer (appointment within four weeks; completion within six months). Keywords: Section 88 inquiry; personal liability of office bearers; Rule 71(1) show cause notice; Rule 72 procedure; Maharashtra Cooperative Societies Act; remand for fresh inquiry; Sanjeev Pathak.