Bombay HC – Section 35 of the MC Societies Act must be used only in clear cases of destructive conduct, not to suppress accountability.
Expulsion of Members from the Housing Society – Acts detrimental to the interests or proper functioning of the Society
The petitioners – members of the society and flat owners – have raised various grievances against functioning of office bearers of the housing society.
The respondent no.1 society had issued notice on nine charges to the petitioners under Section 35 of the MC Societies Act, alleging that their conduct had adversely affected the reputation and working of the society.
The expression “acts detrimental to the interest of the society” cannot be stretched to cover every disagreement, every complaint, or every dispute between a member and the managing committee. A cooperative housing society is built on mutual trust and collective participation. Members contribute funds. They elect representatives. They are entitled to question decisions that affect their money, property, or rights. Differences of opinion are natural. Disputes may arise. That, by itself, does not damage the society. In fact, constructive criticism can strengthen governance. Therefore, lawful steps taken by a member to assert his rights cannot be equated with conduct harmful to the society.
If lawful litigation or complaints are treated as grounds for expulsion, it would create a chilling effect. Members would hesitate to raise genuine grievances. The managing committee would operate without accountability. That result would defeat the purpose of cooperative legislation, which aims at democratic management and transparency. For these reasons, the power under Section 35 must be exercised sparingly and only in clear cases where the conduct of a member is demonstrably harmful to the collective functioning of the society. It cannot be used as a response to legitimate dissent or lawful pursuit of remedies.
Judgment dated 11.2.2026 of the High Court of Bombay in Writ Petition No.13736 of 2025 of Abhay Manohar Paranjape and others Vs. Shivnagari Cooperative Housing Society Limited and others.
