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' decisions.

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 MCS Act, he had incurred a disqualification and therefore was liable to be disqualified. This found favour with respondent No. 3, on the ground, that the petitioner had three children No. 1-Ms. Mahima Pawan Singh born on 19.04.2001, No. 2-Mr. Abhinav Pawan Singh born on 28.09.2009 and Mr. Prabhat Pawan Singh whose name was included in the Ration Card of the petitioner as his son. He also found that the petitioner had one more issue namely Ms. Janhvi born on 31.8.2007. He thus rendered a finding that the petitioner was having more than two children and therefore, he was disqualified in view of the aforesaid provisions. The said order dated 15.5.2023 has been confirmed by the Divisional Joint Registrar/respondent No. 2.

4. Mr. Swapnil Bangur, learned counsel for the petitioner by relying upon the provisions of Section 154 B (1) of the MCS Act, submits that by virtue of the provisions of Section 154B-1 to B-31 were not made applicable to actions under Chapter XIII-B of the MCS Act and therefore, the respondent No. 3 and Divisional Joint Registrar/respondent No. 2 could not have held the petitioner to be disqualified on the above ground. He further submits that Section 154B(2) excludes Section 73(CA) of the MCS, Act from its applicability to Chapter XIII-B of the MCS, Act on which ground also the findings of disqualification are misconceived. He therefore submits that on this ground the impugned orders are liable to be quashed and set aside and the complaint filed by the respondent Nos.4 and 5 is liable to be rejected.

5. The impugned order is supported by the learned Counsel for the respondent No. 5, by contending that Chapter XIII-B is a provision inserted subsequent in point of time in the MCS Act and therefore, non mention of Sections 154B-1 to 154B-31, in Sec.154 B (1) of the MCS Act, would not have any effect and the arguments in this regard are misconceived. It is also contended that though, Section 154B(2) excludes the applicability of Section 73(CA), the mandate of Section 154 B-23 would be applicable in light of Clause (v) contained therein by which it has been rightly held that the petitioner has incurred disqualification. Learned AGP adopts the above arguments.

6. The relevant provisions of the MCS Act, which fall for consideration are as under:

154B. (1) The following provisions of this Act shall apply mutatis mutandis to the housing societies, namely:

Section 1, clauses (5), (6), (7), (8), (10), (10-ai), (10-aii), (10-aiii), (13), (14), (16), (17), (18), (20-A), (21), (24), (26), (27), (28), (29), (29A) and (31) of section 2, sections 3, 3A, 4, 5, 7, 9, 10, 12, 13, 14, 15, 17, 18, 19, 20, 20A, 21, 21A, 22, sub-sections (1), (2) and (3) of section 23, sections 25, 25A, 31, 33, 34, 35, 36, 37, 38, 40, 41, 42, except proviso of sub-section (1) of sec