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ARUN R. PEDNEKER
Suman Vasant Kandharkar – Appellant
Versus
State of Maharashtra, Through its Secretary – Respondent
JUDGMENT :
1. Heard.
2. By the present writ petition the petitioners are challenging the order dated 10.06.2022, passed by the Hon’ble Minister whereby the Hon’ble Minister was pleased to allow the revision petition filed by respondent no.6 herein and set aside the disqualification orders passed by the lower authorities i.e. Respondent No.4 / Joint Registrar dated 07.01.2022 & Respondent No.5 / Deputy Registrar dated 29.01.2021 and by the impugned order the Hon’ble Minister has held that respondent no.6 is not a defaulter of the respondent no.7 – housing society and thus not disqualified to be the member of the managing committee of the respondent no.7 – housing society.
3. The issue involved in the present writ petition is, whether respondent no.6 is disqualified under Section [73CA](1)(e) of the Maharashtra Co-operative Societies Act, 1960 read with Rule 58 of the Maharashtra Co-operative Societies Rules, 1961, to be the member of the respondent no.7 committee, being a defaulter of the respondent no.7 housing society. The brief facts giving rise to filing of the present writ petition can be summarized as under.
4. Respondent no.6 - Mr. Piyush Sethi is the member of respondent no.7 ho
The main legal point established in the judgment is that a member of a housing society is not liable for payment of dues after transferring the plot to another society, as per Section 73CA(1)(e) of t....
The main legal point established in the judgment is the requirement to adhere to principles of natural justice, including providing detailed reasons for decisions and ensuring proper notice and consu....
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
Disqualification under the Maharashtra Cooperative Societies Act requires clear evidence of holding dual designated officer positions, failing which challenges under subsequent provisions may lead to....
If in opinion of Registrar, any officer makes persistent default or is negligent in performance of duties imposed on him by this Act or rules or byelaws or does anything which is prejudicial to inter....
The main legal point established in the judgment is the interpretation and application of Rule 20(1)(c)(i) of the Delhi Cooperative Societies Rules, 2007, in determining the disqualification of a mem....
The court affirmed that only flat owners can manage a co-operative housing society, and the Deputy Registrar acted within jurisdiction under Section 78A of the Maharashtra Co-operative Societies Act,....
The main legal point established in the judgment is that disqualification under Section 73CA of the Maharashtra Co-operative Societies Act, 1960, operates independently of other provisions, and the c....
Disqualification of committee members requires clear show cause notices, and alternative remedies must be exhausted before seeking writ relief, affirming the importance of natural justice in administ....
Membership in co-operative housing societies cannot be denied without timely communication of the decision, and disputes regarding dues do not preclude admission.
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