Bombay HC Ruling – Committee of Housing Society cannot Function below Statutory Strength.
Sections 154-B-19, 154-B-22 of MC Societies Act and Rule 74 of the MC Societies Rules 2014.
Respondent no.1 filed dispute for declaration that the Managing Committee elected for the term of 2022 to 2027 ceased to be validly constituted from 4.8.2024 on account of resignations of seven members.
The Cooperative Appellate Court directed that the Committee shall not convene any meeting or pass any resolution till the dispute is finally decided or elections are held.
On 11.12.2022, the election of 19 seats of the Managing Committee was held. One reserved seat was unfilled.
On 25.6.2023, one elected member had resigned.
On 14.9.2024, two out of three notified vacancies were filled in by co-option.
On 29.9.2024, the resignations of seven elected members were accepted.
Thus, the strength had fallen to 12 i.e. below minimum requirement of 13.
The consequence directly flows from the statute that the Committee automatically loses its legal standing and no longer remains a validly constituted Managing Committee.
Therefore, the Appellate Cooperative Court acted correctly by granting protective relief and stopping the weakened committee from taking important decisions.
The expression “shall stand constituted” Section 154B-19(2) shows that a Managing Committee is a living body whose strength may increase or decrease depending on resignations, disqualifications or other events during its five-year term. The Act itself recognizes this reality. Therefore, the constitution of the Committee is not frozen on the date of election.
Judgment dated 5.12.2025 of the High Court of Bombay in Writ Petition No.16085 of 2025 of Suresh Agarwal and others Vs. Sudhir Agarwal and others with connected writ petitions.
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