Mirza Zakaulla Baig and Others v. the State of Maharashtra, Thr. Secretary, CO0OPERATION, Marketing and Clotting, Mumbai and Ors.
Case brief
What is this about?
Bombay HC Nagpur Bench; Siddheshwar S. Thombre, J.; order dated 15-10-2025; Mirza Zakaulla Baid v. State of Maharashtra; W.P. Nos.3892 and 4749 of 2024 with C.A. Nos.2322 and 2324 of 2024 (intervention allowed; intervenor added as respondent). Expulsion of 34 out of 42 persons under Section 35 of the Maharashtra Co-operative Societies Act by respondent No.3 (referred to in argument as the Taluka Deputy Registrar), on an Administrator's proposal said to lack power; writ petitions disposed of on alternate-remedy ground — appeal under Section 152 MSCS Act held to be the specific efficacious remedy; four weeks to appeal; delay during petition proceedings to be considered in condonation; interim protection continues till appellate decision plus 15 days after any adverse order; no merits findings, administrator's powers left to Appellate Authority.
What did the court decide?
Both writ petitions disposed of: petitioners granted liberty to file an appeal before the Appellate Authority within four weeks; delay caused while prosecuting the petitions to be considered by the Appellate Authority in any condonation application; interim orders in both petitions to continue till the Appellate Authority decides the matter on merits, and to survive a further 15 days if any adverse order is passed against the petitioners; petitioners directed to amend and add the intervenor as party respondent.