Bombay HC Upholds Disqualification of Housing Society Committee Members for Failure to Supply Documents
Section 77A of the MC Societies Act – Supersession of the Managing Committee & Disqualification for five years
On 18.1.2023, the respondent no.3 sought copies of the minutes of the Committee meetings held since October, 2022.
On 23.2.2023, the DD Registrar directed the society to provide the documents.
On 12.4.2023, the DD Registrar passed an order under Section 154B-27(1) directing the society to supply documents within seven days and submit compliance report.
On 12.5.2023, the Society supplied documents only upto February 2023.
On 26.4.2023, the common complaint for breach of the Society’s byelaws was filed.
On 26.5.2023, the respondent no.3 passed order under Section 154B-23(3) disqualifying the petitioners for five years.
On 29.5.2023, another order under Section 77A(1) appointing administrator was passed.
A disqualification for a fixed period is serious. It removes a person from the Managing Committee and stops him from contesting elections for that entire period. The Registrar must therefore act carefully and in a balanced manner. The punishment must fit the conduct. When the facts of this case are seen together, the decision to disqualify for five years appears reasonable. The petitioners did not comply with repeated requests from a member. They did not obey a clear and time-bound order issued by the District Deputy Registrar. They supplied the documents only after legal proceedings started.
pattern of disregard for statutory duties. There is also the fact that a recovery certificate under Section 88 is already issued against the petitioners for causing financial loss to the Society. This shows that the Society had already suffered under their management. When financial irregularities are present, withholding minutes becomes more serious because such records help to uncover what went wrong. The Registrar must protect the Society and its members. When a committee repeatedly fails to follow the law and is already found responsible for financial loss, a strict measure becomes necessary to prevent further harm. The law itself fixes the period of five years for such disqualification. The Registrar has only applied what the statute provides. In these circumstances, the order of disqualification does not appear excessive or unreasonable. It is supported by the facts and falls squarely within the legal power conferred by Section 154B-23.
Judgment dated 12.12.2025 of the High Court of Bombay in Writ Petition No.14087 of 2023 of Smt. Nair Pushpa Sureshkumar and others Vs. The State of Maharashtra and others with connected writ petition
