Disqualification – Managing Committee Member having more than two children

By the order dated 15.5.2023, the petitioner was disqualified as a Member of the Managing Committee of the Respondent  No.6 Society under Section 154B-23 of the Maharashtra Cooperative Societies Act, 1960, as confirmed in revision by the Divisional Joint Registrar, Cooperative Societies.

By Section 154B of the MC Societies Act, 1960, various provisions of the said Act including Sections 154A and 155 to 168 shall mutatis mutandis apply to the housing societies.

Clause (v) of Section 154B-23(1) of the Act says that no person shall be eligible to be appointed, nominated, elected, co-opted for being a Member of the Committee if he incurs any of the disqualification like the provisions of clause (vii) of Section 73CA(1)(f).

Clause (vii) of Section 73CA(1)(i)(f) is in respect of disqualification if a member has more than two children.

HELD that the petitioner who has three children has incurred disqualification for having more than two children.

Judgment dated 13.6.2024 of the Bombay High Court in Writ Petition No.8109 of 2024 of Pawankumar Nandkishor Singh Vs.  The State of Maharashtra and others