Bombay HC Directs State to Finalize Draft Rules for Installation Of E-charging Stations In Cooperative Societies For Charging Electric Vehicles
The Writ Petition before the Bombay High Court raised a contemporary issue concerning the need to create an infrastructure for the installation of e-charging stations for electric vehicles.

In order to make the societies better equipped to grant permission to install charging stations meant for electrical vehicles, the Bombay High Court directed the competent authorities of the State & the Co-operative Societies to finalize the draft conditions/rules for the installation of such stations expeditiously and on priority for implementation.
The Writ Petition before the Bombay High Court raised a pressing contemporary issue concerning the need to create an adequate infrastructure for the installation of e-charging stations for electric vehicles, along with the requisite legal framework that would be necessary to facilitate their seamless operation.
The Division Bench comprising Justice Advait M. Sethna and Justice G. S. Kulkarni asserted, “We are conscious of our jurisdiction conferred under Article 226 of the Constitution of India, 1950, which does not permit us to enter into the legislative domain of policymaking. However, the aspect of having a clean, non-polluted environment is an integral part of fundamental rights guaranteed under Article 21 of the Constitution of India, which too is vital and ought to weigh on the mind of the authorities in taking prospective measures in the mass adoption of the technological advancements.”
Advocate Harsh Sheth represented the Petitioners while Addl. G.P. Abhay L. Patki represented the Respondents.
Factual Background
The petitioner, a businessman and a resident of Mumbai’s Bhagwati Bhuvan Cooperative Housing Society was aggrieved by the rejection of permission to install charging infrastructure at his garage in the said society. Such permission was rejected by the society which was sought for charging the petitioner’s newly purchased electrical vehicle.
The petitioner claimed that considering the immense environmental and other advantages of electrical vehicle, coupled with the State Government’s and Central Government’s policy document, it is incumbent upon the State and the Registry of Cooperative Societies, i.e., respondent nos. 2 and 3 to exercise power under the Maharashtra Cooperative Societies Act, 1960 so as to ensure that the petitioner and other similarly placed individuals residing in various housing societies in Mumbai get the benefit of the charging stations to be installed at the garage and parking places in the premises of their societies.
Thus, the Petitioner approached the High Court by invoking Article 226 of the Constitution of India for issuance of a direction to the Registrar to exercise power under Section 14 of the MCS Act to amend the Model Bye-Laws so as to provide for the provision of charging infrastructure.
Reasoning
Referring to the judgment of the Apex Court in Bombay Dyeing & Mfg. Co. Ltd v. Bombay Environmental Action Group & Ors (2006), the Bench opined that the requirement of charging stations for electric vehicles in societies today would help reduce the menace of air, vehicular pollution and the necessary legal framework in this regard, cannot be overlooked. “So also, after hearing Mr. Patki, learned AGP for the State and perusing the affidavit-in-reply of the respondent no. 1 dated 13 January 2025, we do find that measures in the form of Draft Conditions for installing charging stations in societies for electric vehicles are undertaken”, the Bench stated.
Recognizing the need of evolving a robust statutory framework by taking recourse to Section 79A of the MCS Act, the Bench held that the draft conditions/rules (Supra) need to be finalized in light of the provision of section 79A of the MCS Act which deals with such issues concerning the proper management of affairs/business of a cooperative society. This would include finalizing such terms & conditions for installing charging stations in cooperative societies for electric vehicles.“Once such mechanism is in place, the societies would be better equipped to grant permission to install charging stations, meant for electrical vehicles”, it added.
The Bench thus directed, “We direct the competent/concerned authorities of the respondents to finalize the draft conditions/rules for installation of charging stations to be installed in cooperative societies for charging electric vehicles, expeditiously and on priority for implementation. Respondent no. 3 and/or authorities constituted under the MCS Act shall take the necessary steps to circulate/communicate the finalized conditions/rules, as directed by us above, to all concerned, in a manner known to law.”
The Bench also ordered the Registrar of Co-operative Societies to issue the necessary directions to the cooperative societies under the provisions of MCS Act, to appropriately amend their byelaws, in accordance with the finalized conditions/rules.
Cause Title: Amit Dholakia v. The State of Maharashtra (Neutral Citation: 2025:BHC-OS:1513-DB)
Appearance:
Petitioners: Advocate Harsh Sheth
Respondents: Addl. G.P. Abhay L. Patki,Advocates Ahuja Tirmali, Komal Punjabi