MUMBAI, Feb. 15 -- 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. The decision was later approved by the sub-registrar in June 2024. After losing their appeals before cooperative authorities, the five members approached the High Court. The court made it clear that differences of opinion are normal in a housing society. "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," the court said. The judge explained that members can only be expelled if their actions seriously harm the society- for example, in cases involving fraud, violence, misusing funds, or behaviour that makes it impossible for the society to function. Simply filing complaints or going to court does not fall into that category, the court said. If raising grievances is treated as misconduct, the judge warned, members will be afraid to speak up. That would allow managing committees to function without accountability, defeating the very purpose of cooperative housing societies. The High Court ultimately struck down the expulsion orders, restoring the memberships of the five flat owners....