The Bombay High Court has quashed the disqualification of the managing committee of a Bandra West housing society and the appointment of an administrator, calling the actions “illegal” and a “misuse of power.”
Justice Amit Borkar, on Monday, directed the Principal Secretary of the Maharashtra Co-operation Department to appoint a senior officer to conduct an “impartial and comprehensive” inquiry into the conduct of the Deputy Registrar of Cooperative Societies, who had passed the orders. A compliance report has been sought within eight weeks.
The court was hearing a petition filed by six members of the managing committee of Bandra Trishul Premises Cooperative Housing Society, who were disqualified by the Deputy Registrar in February 2025 for six years. The disqualification followed complaints from society members alleging irregularities in the appointment of a developer for the society’s redevelopment.
The petitioners — Harish Arora, Venetia Palia, Phiroze Karmali, Khalid Omar Wakani, Nafees Khan and Vinay Wadhera — argued that the developer’s appointment was approved by the society’s general body, the highest decision-making authority. The court agreed, stating, “In such a situation, the managing committee cannot be said to have acted arbitrarily or contrary to the collective will of the society.”
Justice Borkar held that the disqualification was passed without following principles of natural justice and lacked substantive evidence. “The impugned action suffers from serious legal and procedural infirmities, and hence, interference in writ jurisdiction is warranted,” the court observed in a detailed 64-page judgment.
Further, the court criticised the hasty appointment of an administrator without exploring less intrusive options. “The immediate appointment of an outsider as administrator… indicates a predetermined resolve to oust the petitioners at all costs. This fortifies the inference of malice in law,” the court noted.
Three orders passed by the Deputy Registrar were challenged in the petition – the disqualification of the managing committee under Section 79A(3) of the Maharashtra Cooperative Societies Act; the appointment of an administrator under Section 77A; and a status quo directive issued by the Divisional Joint Registrar in pending revision proceedings.
The court quashed all three orders and directed that the matter be listed for compliance and further directions on August 25. A request by the government advocate to stay the judgment was rejected.
