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AVINASH G. GHAROTE
Pawankumar Nandkishor Singh – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
AVINASH G. GHAROTE, J.
1. Heard, Mr. Swapnil Bangur learned counsel for the petitioner and Dr. Uday Warunjikar learned counsel for the respondent No. 5. Learned AGP appears for the respondents 1 to 3.
2. The petition questions the order dated 15.05.2023 passed by the Deputy Registrar Co-operative Society MHADA/respondent No. 3, whereby, the petitioner has been disqualified as a member of the Managing Committee of the respondent No. 6/Society in exercise of the powers under Section 154 B-23 of the Maharashtra Co- operative Societies Act, 1960 (page 27) and the order dated 2/05/2024 (pg.34) in Revision Application No. 251 of 2023 passed by the Divisional Joint Registrar/respondent No. 2 by which challenge to the order dated 15/5/2023, has been turned down.
3. The facts leading to the present petition shorn of unnecessary details are that the petitioner was elected as a member to the Managing Committee of respondent No. 6/Society. The election of the petitioner was questioned by respondent Nos.4 and 5 by filing a complaint to respondent No. 3 contending that the petitioner was having more than two children and therefore, in light of the mandate of Section 154 B-23 (v) of the MC
The court affirmed that disqualification under Section 154 B-23 of the Maharashtra Co-operative Societies Act applies to members with more than two children, validating the lower authorities' decisio....
The court determined that membership restrictions under Section 28 of the Maharashtra Co-operative Societies Act do not bar property ownership by a member and were excluded for housing societies, all....
The main legal point established in the judgment is that the by-law no.44(5) was not inconsistent with the provisions of the Maharashtra Cooperative Societies Act, 1960, and the petitioner had alread....
The court established that disqualification of elected members without a fair hearing violates principles of natural justice, necessitating a proper inquiry process before any punitive action can be ....
The court affirmed that repeated failures to comply with statutory duties under the Maharashtra Co-operative Societies Act justify disqualification of the entire Managing Committee to ensure transpar....
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....
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....
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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