Disqualification of Managing Committee for Ignoring Requisition of Special GBM
Disqualification for failure to convene Meeting as per requisition of members of the housing society
In 2013, the developer was appointed for redevelopment of the housing society and in 2014, MoU was executed. In December, 2021, the Project Management Consultant was appointed.
Thereafter, the society had terminated the appointment of developer and invited fresh tenders for new developer.
Four bids were received in response to the advertisement issued in February 2024.
On 6 October 2024, a requisition was sent by 29 members for convening a Special General Body Meeting of the society for three agenda items of (i) appointing and forming a Tower Committee, (ii) appointing a new PMC and (iii) issuance of a fresh tender. The Managing Committee adopted a resolution in meeting of 13 October 2024 to proceed ahead with redevelopment with the two developers (Arkade and Runwal) by issuing them notices rather than going for fresh bidding. The Managing Committee accordingly issued notice for Special General Body Meeting on 15 November 2024 and agenda item-2 was for appointment of a developer. The Managing Committee however did take cognizance of the requisition dated 6 October 2024 and decided to add all the three items in a proposed meeting scheduled to be held on 1 December 2024. 6) In the meeting held on 1 December 2024, a Resolution was adopted by the majority for selecting M s. Arkade Developers for / carrying out the redevelopment process. The three items in the requisition made vide letter dated 6 October 2024 were put to vote and 72 members voted against the said three items.
Before issuing notice dated 5 January 2026, the Managing Committee was already in receipt of requisition dated 31 December 2025. Unlike its previous action of adding the agenda items in the requisition in the meeting to be held on 11 January 2026, this time the Managing Committee totally ignored the requisition dated 31 December 2025 and decided to push ahead the SGBM on 11 January 2026 only on the agenda for conduct of voting. Accordingly, the SGBM was held on 11 January 2026 and by majority of 64 votes against 55 votes, option no.1 for residential plus commercial development was shown to have been passed by majority.
Under the provisions of sub-section (2) of Section 76, the Registrar can exercise powers of disqualification of members of the Managing Committee for failure to conduct meeting after receipt of requisition under Section 76(1). Section 76 of the MCS Act.
Thus, under Bye-law 98, once requisition for Special General Body Meeting is received, no other business can be included in the notice or can be transacted in the SGBM than the one for which the requisition is made. However, in the meeting dated 1 December 2024, the Managing Committee merely added the three Agenda items of requisition dated 6 October 2024 instead of conducting Special General Body Meeting separately qua the requisitioned items. In respect of the second requisition made on 31 December 2025, the Managing Committee did not even include any of the seven Agenda items in the requisition in the notice issued on 5 January 2026. In my view, therefore the disqualification of the Petitioners in the facts and circumstances of the present case was clearly warranted.
