Gaurav Saraf vs State Of Maharashtra Thru The Principal ...
2026 Latest Caselaw 5133 Bom

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
                                -----------------
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.
                                -----------------


                                          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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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

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or before 25 June 2026.

10. Parties to act on an authenticated copy of this order.

[ADVAIT M. SETHNA, J.]