Seema Vithal Puhale and Ors. v. State of Maharashtra and Ors.
Case brief
What is this about?
Bombay High Court, Amit Borkar, J. (decision dated 25 November 2025), disposes Civil Writ Petition No. 9908 of 2024, Seema Vithal Uphale & Ors. v. State of Maharashtra & Ors., challenging orders/inquiry under Section 88 of the Maharashtra Co-operative Societies Act. Authorized officer admitted on 16 January 2020 (Appellate Authority roznama) that the Rule 72(4) opportunity to produce evidence was not afforded; Rule 72 held to be a mandatory safeguard whose breach vitiates the inquiry; relies on Sanjeev Pathak v. State of Maharashtra, W.P. No. 10750 of 2022 (paras 81-89, 67-68) for authorized-officer duties. Inquiry remitted: Registrar (respondent No. 4) to appoint fresh authorized officer, resume from post-charge-framing stage, ensure effective hearing and Rule 72(4) evidence, report within six months. Relief limited to petitioners. Advocates: V. M. Parkar (petitioners); V. S. Nimbalkar, AGP (State/respondents 1-4).