Report of Cooperative Authorised Officer replaced before its submission is invalid- Bombay High Court

Judgment dated 28.11.2025 of the High Court of Bombay in Writ Petition No.3531 of 2024 of Nainesh Sanghvi and others   Vs.   The State of Maharashtra and others with connected matters

 Authority of Authorised Officer Ends with its Basis : Bombay HC on Cooperative Society Enquiry Powers

 Report of Authorised Officer replaced before its submission is invalid : Bombay High Court

When Authority Ceases, Law Ceases : Bombay HC on Sections 88 & 98 proceedings of MC Societies Act

 On 7.10.2019, the respondent no.3 appointed the respondent no.6 as the Authorised Officer for inquiry under Section 88 of the MC Societies Act and for report.  Respondent no.6 gaves notices to the Committee members who filed their reply and charges were framed under Rule 72(3) of the MC Societies Rules, 1961.  The petitioner nos.1, 3, 4 and 5 filed their reply on 20.9.2021.

 However, on 14.2.2022, the respondent no.3 replaced respondent no.6 and appointed new Authorised Officer due to delay in giving report.   The respondent no.6 filed his report on 1.3.2022.

 Respondent No.3 issued certificate dated 13.10.2022 under section 98 holding the Committee including the petitioners liable for Rs.49,45,673/-.

 HELD that the doctrine of cessante ratione legis cessat ipsa lex applies with clarity in the present context, when the very basis for authority disappears, the authority itself cannot continue.  The doctrine serves an important function to ensure that the statutory powers are exercised only within the bounds set by the lawmaker. It appears continuation of authority where the law no longer supports.