Bombay High Court Reversed 6 Year Committee Disqualification In Bandra's Housing Society, Deeming Misuse Of Authority

Mumbai: The Bombay High Court overturned the six-year disqualification of the management committee of the Bandra Trishul Premises Cooperative Housing Society and the appointment of an attorney as an administrator, concluding that these measures were unlawful and a misuse of authority.

Justice Amit Borkar, leading a single-judge panel, ordered a senior official from the cooperation department to carry out an impartial investigation into the deputy registrar's conduct, with a report due in eight weeks.

The court's decision came after a petition by six members of the managing committee who challenged the deputy registrar's disqualification, which arose from grievances concerning the developer's appointment for the society's redevelopment in breach of Maharashtra government regulations.

Justice Borkar determined that the disqualification of the deputy registrar did not align with principles of fairness and natural justice, highlighting a lack of evidence backing the accusations of one-sided decision-making by the committee.

The general assembly of the society had democratically ratified the developer's selection, dismissing any claims of capricious behavior by the committee. Moreover, the court condemned the administrator's appointment for failing to adhere to required protocols and exposed a clear bias aimed at removing the petitioners, suggesting possible malice behind the ruling, which further highlighted the illegitimacy of the prior actions taken against the committee.