JUDGMENT :

SANDEEP V. MARNE, J.

1) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken up for final disposal.

2) By this Petition, Petitioners have challenged the Resolution adopted by the Managing Committee of the Society as endorsed by Deputy Registrar, Co-operative Societies, P-Ward, Mumbai (Deputy Registrar), which has the effect of removal of Petitioner No.2 from the position of Chairman of the Managing Committee. The Deputy Registrar has also declared that the position of Chairman of the Society has become vacant. Petitioner No.2 is accordingly aggrieved by the Resolution adopted by the Managing Committee and by the decision of the Deputy Registrar by which she is removed from the position as Chairman of the Society. Petitioner No.1 is also aggrieved by the impugned Resolution and the decision of the Deputy Registrar on account of the fact that she was not allowed to participate and vote in the meeting held on 15 April 2026. Since the vacant position of Chairman is filled by Resolution dated 2 May 2026, the same is also challenged by amending the Petition.

3) Padmavati Nagar Co-operative Housing Society Limited (Respondent No.9) is a society formed by owners and occupiers of flats of Society’s building and registered vide registration certificate dated 19 February 1987. The Society’s building is located at Goregaon (East), Mumbai. Since Society’s building had become old, it resolved to undertake redevelopment thereof. Accordingly, a Development Agreement dated 27 September 2012 was executed with Developer- M/s. Viraj Properties. A Power of Attorney was also executed in favour of the partners of the Developer. A Supplementary Development Agreement was executed on 29 December 2014. The Society’s building was demolished in or about October 2020 by the Developer. According to the Petitioners, the Developer has failed to carry out redevelopment process despite passage of substantial period of time. It appears that one more Supplementary Development Agreement-II dated 8 February 2022 is executed between the Society and the Developer. However, since there was no further progress in the project, 51 out of 73 members apparently withdrew their consents for redevelopment through the appointed Developer vide letter dated 22 September 2025. On 5 March 2026, a notice was issued convening Special General Body Meeting (SGBM), which was scheduled to be held on 15 March 2026. One of the agendas for the meeting was the possible termination of the Developer. However, according to the Petitioners, certain members of the Society requested for withdrawal of the notice and demanded issuance of fresh notice in proper form. Accordingly, SGBM, which was scheduled to be held on 15 March 2026, was postponed. A fresh notice dated 4 April 2026 was issued convening SGBM on 12 April 2026. In the notice dated 4 April 2026, the agenda was for both termination of the Developer as well as for appointment of one member in the Managing Committee for the post reserved for SC/ST/NT. However, on 6 April 2026, Respondent Nos.1 to 6 sent a requisition to the office of Respondent No.10 for moving a motion of no confidence against Petitioner No.2. On 9 April 2026, Respondent No.10-Deputy Registrar issued notice convening a special meeting of the Managing Committee to be held on 15 April 2026.

4) On 12 April 2026, SGBM of the Society was held, in which Resolution was adopted for terminating the appointment of the Developer. A separate Resolution was adopted for appointing Petitioner No.1 as a member of the Managing Committee in SC/ST/NT category. The decision appointing Petitioner No.1 as Managing Committee member was conveyed to the Deputy Registrar by the Society vide letter dated 13 April 2026. On the front of no-confidence motion, Petitioner No.2 submitted reply dated 13 April 2026 inter alia bringing to the notice of Respondent No.10 that Petitioner No.1 was appointed as member of the Manag