Bombay HC Protects Cooperative Society Democracy : Supersession of Housing Society Committee set-aside
Judgment dated 11.11.2025 of the High Court of Bombay in Writ Petition No.12871 of 2025 of Jijau Coop. Housing Society Ltd. Vs. State of Maharashtra and others.
The General Body Meeting of the petitioner cooperative housing society passed resolution for contribution of Rs.10000/- per month for repair and painting of the building.
However, on the complaint of respondent nos.4 and 5, the respondent no.3 issued the letter dated 6.6.2024, directing the society to provide records to them and to collect maintenance strictly as per bye law no.67.
On 8.7.2024, the Authorised Officer was appointed for compliance. The petitioner submitted documents to the said Officer. However, the report dated 15.10.2024 was given that the society was not functioning as per byelaws and the Act.
By the order dated 13.2.2025, the entire Managing Committee was appointed and an Administrator was appointed.
HELD that the drastic action of removing an elected Committee cannot rest on incomplete reasons or minor violation. The majority of the members paid the contribution. There is no allegation of lack of irregularity or absence of consultation with the federal society. The Authorised Officer only stated that the society was not functioning as per byelaws. Such observation does not identify with specific misconduct under Section 78A of the Maharashtra Cooperative Societies Act, 1960. When the statute requires reasons and satisfaction on specific grounds, the authority cannot on vague statements.
When the General Body, which is the supreme authority of the society, has approved repair contribution, the Deputy Registrar could not substitute its own views for its decision in the absence of fraud or illegality.
