Bombay High Court
Gaurav Saraf vs State Of Maharashtra Thru The Principal ... on 15 May, 2026
1 9-WP(L)-16971-2026(OS).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (ST) NO. 16971 OF 2026
Gaurav Saraf ...Petitioner
Versus
State Of Maharashtra Thru The
Principal Secretary, Co-operation Dept. ...Respondents
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Mr. Darshit Jain, a/w Ashish Mishra, for the Petitioner.
Mr. Milind More, Addl. G.P, a/w Ms. Lavina Kriplani, AGP, for the
Respondent Nos. 1 and 2 - State.
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CORAM : ADVAIT M. SETHNA, J.
DATED : 15 MAY, 2026 (VACATION COURT) P.C.:-
1. Heard learned counsel for the parties.
2. The urgency in moving this petition, as stated by the Petitioner-
Society, is that the Society is newly formed and is presently involved in proceedings with the developer utilizing the Society's FSI on the adjoining plot. According to the Petitioner, in order to facilitate the same, the office of the Registrar has been misused and an Administrator has been illegally appointed to the Society.
3. It is in such backdrop the present proceedings is moved before the Vacation Court.
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2 9-WP(L)-16971-2026(OS).doc
4. Issue Notice to the Respondents, Returnable on 25 June 2026.
5. Mr. More, waives service for Respondent Nos. 1 and 2.
6. The Respondents seek leave to file their Affidavit in Reply in the present proceedings. Let such reply be filed on or before the adjourned date of hearing.
7. Prima facie, it appears, after hearing the parties, that steps have already been taken towards the election process for the Managing Committee of the said Society. As pointed out during the hearing, such steps include :- (A) the Society paid the requisite fees and charges for initiating the election process; (B) the provisional voters/members list displayed on the Notice Board of the Society; and (C) the Society submitted all objections/corrections received from members to Respondent No. 2, calling upon Respondent No. 2 to finalize the Final Voters List, which is pending. This is not opposed by the Respondents except to submit that there was a delay on the Petitioner's part for takings such steps.
8. Considering the above, and without disturbing the appointment of the Administrator, we direct that the Administrator shall not take any further steps or actions pursuant to the this order until the next date of hearing.
9. In the meantime, Respondent No. 2 shall complete the election process, including the holding of elections, as the same is paramount for the fair and transparent functioning of the Society. Let the same be completed on Mayur 2/3 ::: Uploaded on - 15/05/2026 ::: Downloaded on - 16/05/2026 03:40:06 ::: 3 9-WP(L)-16971-2026(OS).doc or before 25 June 2026.
10. Parties to act on an authenticated copy of this order.
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