Housing society members ousted for delaying AGM, audit
Mumbai, May 11 -- The Registrar of Cooperative Societies, R North Division, has disqualified three office-bearers of Borivali Jankalyan Cooperative Housing Society for failing to conduct annual general meetings for the financial years 2022-23 and 2023-24 within the prescribed timelines and for not appointing auditors or submitting audit reports as required by law.
Society members led by complainant Devendra Chiplunkar and represented by advocate Sunil Sakhrani accused the managing committee of negligence, maladministration and delaying redevelopment-related decisions. The complainants also raised issues concerning governance failures and lack of transparency.
The order, passed on April 24 under section 75(5) of the Maharashtra Cooperative Society Act 1960, disqualified chairman Namrata Sankhe, secretary Sudhakar Chavan and treasurer Laxman Malekar from being part of the managing committee and contesting committee elections in the society for the remainder of the current term and the subsequent two years. The registrar, however, withdrew proceedings against the remaining committee members, citing lack of direct responsibility.
Society members further alleged that the committee denied access to society records, ignored resolutions passed during a special general body meeting and tried to pressure residents into withdrawing complaints.
The managing committee denied all allegations, arguing the complaint was baseless and lacked evidence. They contended that the matter should have been adjudicated before the cooperative court rather than through supervisory proceedings initiated by the registrar's office. They also argued that delays were caused by administrative difficulties rather than deliberate misconduct.
According to the registrar's findings, an inspection conducted under section 89(A) of the law revealed multiple irregularities, including delayed AGMs, lack of proper notices and agendas for meetings, failure to maintain records, delayed audit appointments and incomplete financial disclosures. The inspection concluded that these lapses violated sections 75 and 79 (1-A) of the Maharashtra Cooperative Societies Act and Maharashtra Cooperative Society Rules, 1961.
The registrar observed that the failures adversely affected transparency and governance within the society and restricted members' rights to access statutory information....
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