Committee of Housing Society Cannot Evade Disclosure Duty under MC Societies Act

Right of Managing Committee Member to demand documents of the Housing Society

Disqualification for failure to furnish records of housing society

The petitioners and the respondent no.4 were elected as members of the Managing Committee for the years 2022 to 2027.

The respondent no.4 has demanded record of the society. The petitioners failed to furnish the record.   The show-cause notice under Section 154B(27(2) of the MC Societies Act, 1960, was issued.

By the order dated 6.5.2025, the Deputy Registrar not only disqualified the petitioners as members but also appointed Administrator on the Society till conduct of fresh election.

Section 154B-8 provides for right of every member to inspect te documents  and duty is cast on the housing society to give such inspection within 45 days.

Since the fees in respect of the documents was offered by the Respondent No. 4 along with his applications, it was for the society to encash the cheques. It appears that the society did not deposit the cheques and the same remained un-encashed. I am not inclined the accept the contention of Mr. Naphade that the fees can be considered as paid only after the moneys are actually received by the society. the case does not involve bouncing of the cheques. If the society chose not to deposit and encash the cheques, it cannot be contended that the Respondent No. 4 did not pay the copying charges.

. The objective behind Section 154B-8 is to ensure that the affairs of the society are conducted in transparent manner. Merely because the society involved is a cooperative housing society, the same does not mean that the same can governed without any regard to the statutory provisions.

Order dated 25.6.2026 of the High Court of Bombay in Writ Petition No.7757 of 2026 of Shashikant M. Ramane and others   Vs.   Joint Registrar Cooperative Societies, SRA / MHADA and others.