Government guidelines issued under Section 79(A) of the Maharashtra Co-operative Societies Act, 1960, regarding redevelopment are directory in nature; therefore, material compliance and a majority decision of the society's general body are sufficient to validate the redevelopment process.

JUDGMENT :- (PER MANJUSHA DESHPANDE, J.)

1. The Petitioner has raised a challenge to the redevelopment process undertaken by the Respondent No.3-Society, by issuing Letter of Intent favoring the Respondent No.4-Developer, without following the mandatory process of issuing tenders as contemplated in the notification issued by the State Government dated 04.07.2019.

2. The Petitioner further prays to issue directions to the Respondent No.2-Deputy Registrar to carry out fresh redevelopment process for the Respondent No.3-Society under his supervision, in accordance with the guidelines framed by the Respondent No.1, as contained in the notification dated 04.07.2019.

3. The Petitioner is an Ex-Chairman of the Respondent No.3-Society, who has been removed from the post of Chairman in the meeting of the Co-operative Housing Society held on 03.10.2023. During the tenure of the Petitioner as a Chairman, the Respondent No.3-Society approached the Respondent No.4- Landlord-Cum Developer of the plot, for granting development rights of the Respondent No.3-Society. The Petitioner, who was not in favour of the proposed redevelopment being undertaken purportedly without following the due procedure of law, opposed it. It is alleged by him that, after his removal as a Chairman of the Respondent No.3-Society on 03.10.2023, the Respondent No.3-Society, without following the mandatory procedure in order to favour the Respondent No.4, has issued Letter of Intent to the Respondent No.4 without following the tender process.

4. The Petitioner has raised grievance before the Respondent No.2-Deputy Registrar, bringing to his notice that the Respondent No.3-Society has failed to follow the procedure while awarding the redevelopment contract to the Respondent No.4. The Respondent No.2-Deputy Registrar issued a notice to the Respondent No.3-Society on 13.02.2024. The Petitioner filed complaint under Sections 75(5), 77(A) and 78(1) of the Maharashtra Co-operative Societies Act, 1960 (for short “the MCS Act”). Pursuant to the complaint filed by the Petitioner, the Deputy Registrar issued Show Cause Notice, to the Members of Managing Committee of the Respondent No.3.

5. It is alleged that during pendency of such proceedings, the Respondent No.3-Society passed illegal resolutions, during the Special General Body Meeting dated 29.09.2024, wherein a draft Letter of Intent was circulated by the Respondent No.3, favoring the Respondent No.4. According to the Petitioner, the Respondent No.3-Society, with mala fide intention, without following the Model Bye Laws No.175(a) and (b) of the Housing Society, and without adhering to the directives issued by the State Government, vide Government Resolution (for short “GR”) dated 04.07.2019, under Section 79(A) of the MCS Act, is in the process of appointing Respondent No.4 as a Developer, which needs to be interfered with by this Court.

6. Mr. Manoj Upadhyay, learned Counsel appearing for the Petitioner submits that the Respondent No.3-Society is bent upon appointing the Respondent No.4 as a Developer of the Society without adhering to the mandatory directions, issued under Section 79(A) of the MCS Act vide GR dated 04.07.2019, which provides for the modalities to be observed while undertaking redevelopment of Co-operative Housing Societies. After removal of petitioner from the post of Chairman, the Managing Committee Members are resorting to a procedure, giving a go-by to the tender process, which is mandat