AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10587 OF 2025

1. Kailash Maheshwari, Age about 68 years, Adult Indian Inhabitant of Mumbai, residing at Flat No.L8-18, Jal Ratan Deep CHS Ltd., Bangur Nagar, Link Road, Goregaon (West), Mumbai 400 104

2. Sadashiv Gawade, Age about 79 years, Adult Indian Inhabitant of Mumbai, residing at Flat No.L8-07, Jal Ratan Deep CHS Ltd., Bangur Nagar, Link Road, Goregaon (West), Mumbai 400 104

3. Kishore Karkera, Age about 54 years, Digitally signed by ATUL ATUL GANESH Adult Indian Inhabitant of Mumbai, GANESH KULKARNI KULKARNIDate:

2025.09.25

11:56:18 residing at Flat No.L10-07, Jal Ratan Deep +0530 CHS Ltd.,Bangur Nagar, Link Road, Goregaon (West), Mumbai 400 104

4. Deepak Raj Bhandari, Age about 50 years Adult Indian Inhabitant of Mumbai, residing at Flat No.L8-13, Jal Ratan Deep CHS Ltd., Bangur Nagar, Link Road, Goregaon (West), Mumbai 400 104

5. Sanjay G. Pal, Age about 52 years, Adult Indian Inhabitant of Mumbai, residing at Flat No.L10-06, Jal Ratan Deep CHS Ltd., Bangur Nagar, Link Road, Goregaon (West), Mumbai 400 104 … Petitioners V/s.

1. State of Maharashtra, through the Government Pleader’s Office, PWD Building, High Court, Bombay

2. The Dy. Registrar, C.S., P-Ward, 303-A, BMC Building, 3rd Floor, 90 Fit Road, Thakur Complex, Kandivali (East), Mumbai 400 101 3. The Divisional Joint Registrar, Cooperative Societies, Mumbai Division, 6th Floor, Malhotra House, Opposite G.P.O., Fort, Mumbai 400 001.

4. Sunil Joshi, Age about _ years, Adult Indian Inhabitant of Mumbai, r/at Flat No.L9-01, Jal Ratan Deep CHS Ltd., Bangur Nagar, Link Road, Goregaon (West), Mumbai 400 104

5. Ramniwas Agrawal, Aged about __ years, R/at Flat No.L9-05, Jal Ratan Deep CHS Ltd., Bangur Nagar, Link Road, Goregaon (West), Mumbai 400 104 … Respondents Mr. Ankit Lohia with Mr. Nikhil Jayakar, and Ms. Smita Sawant i/by Ms. Ranjana Parab for the petitioners. Mr. Yuvraj D. Patil, AGP for the respondents-State.

Mr. N.N. Bhadrashete with Ms. Pratibha Mehta i/by Ms. Pratibha Mehta for respondent Nos. 4 and 5.

CORAM : AMIT BORKAR, J.

RESERVED ON SEPTEMBER 20, 2025 PRONOUNCED ON : SEPTEMBER 25, 2025 JUDGMENT:

1. By this writ petition filed under Article 227 of the Constitution of India, the petitioners, who are Managing Committee members of a housing society, are challenging their disqualification under Section 75(5) of the Maharashtra Cooperative Societies Act, 1960 (“MCS Act” or “the said Act” for short). The disqualification has been imposed for alleged non-

compliance of Sections 75(2) and 75(4) of the MCS Act.

2. Respondent Nos. 4 and 5 filed a complaint alleging that the petitioners failed to comply with sub-sections (2) and (4) of Section 75. On this complaint, respondent No.2 issued a show- cause notice dated 9 January 2025 calling upon the petitioners to explain why action under Section 75(5) should not be taken for failure to comply with sub-sections (2), (3), and (4) in respect of the Annual General Meetings for the years 2021-2022, 2022-2023, and 2023-2024.

3. The petitioners filed their reply denying the allegations. They contended that the Managing Committee had duly complied with all provisions of Section 75 of the said Act.

4. By order dated 29 April 2025, respondent No.2 disqualified the petitioners for a period of five years from continuing as Managing Committee members or being re-elected. The finding was that the petitioners failed to comply with clauses (iii), (vii), and (viii) of Section 75(2) and also with Section 75(4).

5. The petitioners challenged this order by filing Revision No. 240 of 2025. By order dated 14 July 2025, respondent No.3 dismissed the revision holding that the society had not placed before the general body its annual report of activities, audited profit and loss account, plan for disposal of surplus, rectification report of the earlier Committee, and annual budget for the next year. On this reasoning, the revisional authority concluded that the Managin