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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
Parvath Shetty – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. Petitioners have filed these petitions challenging the orders dated 13th January 2023 passed by the Deputy Registrar, Co-operative Societies removing them from the post of managing committee members and disqualifying them from being managing committee members for the next one term and appointing authorized officer to look after day-to-day affairs of the society under provisions of Section 78A of the Maharashtra Co-operative Societies Act, 1960 (MCS Act). Appeal preferred by Petitioners before Divisional Joint Registrar has been rejected by order dated 2nd May 2023. Further Revision preferred by the Petitioners before the Hon’ble Minister Co-operation is also rejected by order dated 1st March 2024. Accordingly, orders passed by the Divisional Joint Registrar and the Hon’ble Minister are also subject matter of challenge in the present petitions.
2. An open plot of land admeasuring 462.36 sq. meters situated at Survey No.287A, CTS No.3A(Pt.) was allotted by Maharashtra Housing and Area Development Authority (MHADA) in favour of Mr. Harbux Mulchand Chuggani on 23rd May 1962 and a formal Deed of Lease came to be executed in his favour on 6th October 1993 for a period of 99 y
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,....
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
Legal action under S.78 of the Maharashtra Co-operative Societies Act must respect principles of natural justice, including the right to respond to specific charges.
Membership entitlements under cooperative society laws can be upheld even with delayed contributions if ratified by the society's governing body and presence of equitable factors.
Removal of a managing committee under Section 78A of the Maharashtra Cooperative Societies Act requires clear evidence of misconduct and proper procedural compliance.
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....
Flat owners have a statutory right to membership in the society under the Apartment Act, and the Deputy Registrar has the authority to enforce this right.
Housing societies cannot admit members for non-existent refuge area spaces sold as flats by divested developer, as it violates membership limits; distinguishes from unauthorized construction disputes....
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