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2023 July 2023 Legal

Coop Housing Society – Unique provision of disqualification of Managing Committee for non-supply of documents to members.

July 24, 2023 legaldeli

Cooperative Housing Society – Unique provision of disqualification of Managing Committee for non-supply of documents to members of Society.

On 26.11.2019, the respondent no.3 lodged a complaint with the District Deputy Registrar (DDR), Cooperative Societies, about non-furnishing of the documents as per his application dated 24.10.2019.

After hearing the petitioners and considering the reply, the District Deputy Registrar, Cooperative Societies, by the order dated 8.4.2021, held that there was default in not furnishing the documents within 45 days, they have incurred disqualification under Section 154B-23(1)(iii) and therefore, ineligible to continue as a Member of the Managing Committee of respondent no.2 Society.

The revision of the petitioners was dismissed by the Joint Registrar.

The petitioners filed the writ petition challenging the disqualification order.

HELD, on interpretation of sub-sections (8) and (23) of Section 154B of the Act and considering the earlier decisions as also the facts, that the case of the Society that the documents were furnished on 22.10.2019 was completely demolished by its own communication dated 29.11.2019. Moreover, the application for copies for documents was received on 24.10.2019. There was no substantial compliance by the Society. As a result, the writ petition was dismissed.

Writ Petition No.5096 of 2022 – Shahid Tamboli and others Vs. Divisional Joint Registrar, Co-op. Societies and others.

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