Bombay High Court Upholds Disqualification Of Three Society Office-Bearers For Denying Records To Fellow Member

Mumbai: The Bombay High Court has upheld the disqualification of three office-bearers of a cooperative housing society, ruling that they deliberately failed to provide records sought by a fellow committee member despite repeated directions from the Deputy Registrar.

Petition Dismissed

Justice Sandeep Marne dismissed a petition filed by Shashikant Ramane and two others, office-bearers of Vaishali Nagar Mahalaxmi Cooperative Housing Society, challenging orders passed by the Deputy Registrar, Joint Registrar and the Cooperation Minister. The authorities had held them responsible for failing to furnish copies of committee meeting minutes and other documents under the Maharashtra Cooperative Societies Act and barred them from contesting committee elections for five years.

The dispute arose after committee member Sandesh Waigankar sought copies of minutes of 13 managing committee meetings held between April 2022 and March 2023, along with the video recording of the society’s annual general meeting. Although he enclosed copying charges with his applications, the documents were not supplied within the statutory period of 45 days. Instead, he was forced to repeatedly approach the Deputy Registrar, who issued several directions to the society before initiating disqualification proceedings.

Repeated Directions Ignored

Rejecting the petitioners’ claim that the documents had subsequently been supplied, the court found there was no evidence that they had attempted to hand over the records directly to Waigankar.

“The case does not involve insignificant delay in supply of the demanded documents. On the other hand, the case involves deliberate refusal to furnish the demanded documents,” Justice Marne observed.

The court also rejected the argument that the respondent had demanded the records only to secure the petitioners’ disqualification.

“It is difficult to conclude that Respondent No.4 had demanded documents only for creating a ground for disqualification of the Petitioners,” the judge said.

Emphasising the importance of transparency in cooperative housing societies, the court said members have a statutory right to access society records and committee members cannot withhold such information without consequence.

“Petitioners have shown total disregard to the provisions of MCS Act. All that they are deprived is right to be office bearer of the society. They can enjoy all other rights qua their flats in their capacity as members,” the court observed while dismissing the petition.

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