HC: Hsg society panels lose validity if strength dips
MUMBAI, Dec. 6 -- The Bombay High Court has ruled that the managing committee of a co-operative housing society automatically becomes invalid if its elected strength falls below two-thirds of the sanctioned number at any point during its tenure.
"This requirement is not a formality. It reflects a conscious choice made by the Legislature," justice Amit Borkar said on Friday, while upholding an order of the Co-operative Appellate Court in a dispute involving Splendor Complex Co-operative Housing Society, Jogeshwari East.
The case was triggered after society member Sudhir Agarwal approached the Co-operative Court seeking a declaration that the managing committee elected for the 2022-2027 term had ceased to be validly constituted. Agarwal argued that seven members resigned on August 4, 2024, reducing the committee's strength to 10, below the statutory requirement of 13-- two-thirds of the sanctioned strength of 19. The society countered that under Section 154B-19 of the Maharashtra Co-operative Societies Act, its committee was validly constituted at the time of election, with 18 members, and therefore could not be invalidated mid-term. After the Co-operative Court declined interim relief, Agarwal appealed. On November 15, 2025, the Co-operative Appellate Court restrained the managing committee from convening meetings until the dispute was decided. htc...
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