Can't expel members against dissent: HC to housing society
MUMBAI, Feb. 16 -- In an important ruling that strengthens the rights of flat owners, the Bombay High Court has said that a housing society cannot throw out members simply because they questioned the managing committee or approached courts and government authorities with complaints.
The court set aside the expulsion of five members of a cooperative housing society in Kothrud, Pune, who had been removed after they repeatedly raised concerns about how the society was being run.
Justice Amit Borkar said expelling someone from a housing society is a serious step with major consequences, and it cannot be used to silence dissent. "Expulsion from a housing society carries grave consequences. It cannot be invoked to curb legitimate dissent or lawful litigation," the judge observed.
The five members had bought flats in the society between 2017 and 2021. Over time, they began questioning certain decisions of the managing committee and filed complaints with authorities such as officials from the Cooperative Department and the Pune Municipal Corporation.
In 2021, a group of 26 members accused the five of making false and defamatory complaints that were allegedly harming the society's reputation and disturbing its daily functioning.
In October 2023, the general body passed a resolution to cancel their memberships, later approved in June 2024. After losing their appeals before cooperative authorities, the five members approached the High Court....
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