Administrative Review and the Doctrine of Functus Officio in Co-operative Society Bifurcation Proceedings
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Case: SHIV SHOPPING CENTER COOPERTIVE SOCIETY v. STATE OF MAHARASHTRA THR GOVT PLEADER AND ORS
Court: Bombay High Court
Date: 04-08-2026
Law: Maharashtra Co-operative Societies Act, Constitution of India.
Highlights of the Judgment:
- Detailed examination of the statutory scheme under Section 18 of the Maharashtra Co-operative Societies Act, 1960, regarding the threshold rejection of society bifurcation proposals.
- Interpretation of Rule 17 of the Maharashtra Co-operative Societies Rules, 1961, concerning the precise procedural stage for consulting the Federal Society.
- Application of the doctrine of functus officio to quasi-judicial authorities upon issuing a reasoned final order.
- Legal limitations on administrative review by successor officers following the transfer of incumbent statutory authorities.
- Distinction between member-driven statutory rights of societies under Section 17 and Registrar-driven discretionary powers under Section 18.