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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Jijau Coop. Housing Soci. Ltd. – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. circumstances leading to committee removal. (Para 2 , 3 , 4 , 5) |
| 2. arguments against committee removal. (Para 6 , 7 , 8) |
| 3. conditions for invoking section 78a. (Para 10 , 14 , 15) |
| 4. the necessity of evidence for action under section 78a. (Para 12 , 21 , 29) |
| 5. explanation of procedural fairness and compliance. (Para 30 , 35) |
| 6. judgment on the committee's removal validity. (Para 81 , 83 , 87) |
JUDGMENT:
AMIT BORKAR, J.
1. The petitioner questions the legality of the order dated 26 August 2025 passed by respondent No.2 in Appeal No.39 of 2025. Respondent No.2 dismissed the appeal and confirmed the order dated 13 February 2025 passed by respondent No.3. By this order, respondent No.3 removed the managing committee of the petitioner housing society and appointed an Administrator to handle the day-to-day affairs of the society.
2. The facts giving rise to this petition are as follows. The petitioner is a cooperative housing society registered under the Maharashtra Cooperative Societies Act , 1960. In the General Body Meeting held on 26 June 2022, the members decided to undertake repair and painting of the building due to its deteriorated condition. The General Body passed a
Removal of a managing committee under Section 78A of the Maharashtra Cooperative Societies Act requires clear evidence of misconduct and proper procedural compliance.
The court affirmed that the Registrar must prioritize internal management over external control in co-operative societies, using outside appointments only as a last resort.
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.
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 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 Registrar's power under Section 38(1) of the Act of 1965, the distinction between Section 38 and Rule 454, and the requirement of notice and principles of natural justice in the context of the Re....
The Registrar's orders for removal of officers from a Cooperative Society were quashed due to lack of jurisdiction and failure to consider ongoing arbitration, emphasizing the necessity of due proces....
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....
Government resolutions under the Maharashtra Cooperative Societies Act are directory, not mandatory, and disqualification requires valid procedural compliance and adherence to principles of natural j....
Proceedings for supersession of a committee under Section 32 of the KCS Act do not survive after the expiry of the term of the Managing Committee.
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