Mumbai, Dec 05: The Bombay High Court on Friday held that the managing committee of a housing society ceases to remain validly constituted after a series of resignations reduces its elected strength below the legal minimum.
Petitions by Splendor Complex CHS Committee Members Dismissed
Justice Amit Borkar passed the order while dismissing three petitions filed by ten committee members of Splendor Complex CHS Ltd., JVLR, Andheri (East).
Appellate Court Had Earlier Barred Committee From Functioning
The petitions had challenged a November 15, 2025 order of the Cooperative Appellate Court, which barred the committee from holding meetings or passing resolutions until the dispute is decided or fresh elections are conducted.
Seven Resignations Lowered Strength Below Required 13 Members
The dispute was initially filed by society member Sudhir Agarwal, who argued that the committee elected for the 2022–2027 term became invalid from August 4, 2024, after seven members resigned. Agarwal claimed that the committee’s strength must never fall below “more than two third” of the sanctioned strength of 19 — which comes to 13 members.
Only 10 Elected Members Remained After Resignations, Says Complainant
He pointed out that after the resignations, only 10 elected members remained, resulting in a “stalemate” in the functioning of the society that could only be resolved through fresh elections.
Committee Argued Resignations Were Invalid or Accepted Later
The petitioners, who are the elected managing committee members, disputed this. They argued that group resignations were invalid under the bye-laws and that only two resignations were formally accepted on August 21, 2024. They later accepted five more individual resignations on September 29, 2024.
By their own admission, the committee strength stood reduced to 12.
Court Rejects Argument That Validity Must Be Judged Only on Election Day
Justice Borkar rejected the argument that the committee’s validity must be tested only on the day election results are declared. “A committee is not like a photograph taken on the day of election. It is a living body whose strength may increase or decrease,” the court observed.
Law Requires Minimum 13 Elected Members at All Times
Section 154B-19 of the Maharashtra Cooperative Societies Act requires that more than two-thirds of the sanctioned strength must be elected members at all times. For a strength of 19, this means at least 13.
Committee Became Invalid on Falling Below Minimum Strength
“The moment the elected strength fell below 13, the committee ceased to be validly constituted,” the court said, terming the situation a statutory “stalemate”.
The committee had attempted to co-opt three members in September 2024.
Court Says Co-Option Fills Gaps, Cannot Rebuild Foundation
The court ruled that co-option cannot revive a committee that has already lost its minimum elected strength. “Co-option is like filling temporary gaps. It cannot rebuild the foundation,” the judgment noted.
Petitioners argued that the Appellate Court relied on facts not pleaded. The HC dismissed this, stating that all resignation dates and acceptance records were admitted and appeared in the society’s documents.
Committee Held Illegally Constituted; Cannot Function Until Elections
“When material facts are clear, uncontested and supported by the record, the Court is entitled to take them into account,” Justice Borkar held.
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Writ Petitions Dismissed; Order Upholds Restrictions
Concluding that the committee was illegally constituted from the date its strength dropped to 12, the high court upheld the Appellate Court’s restraining order.
“For these reasons, the writ petitions are dismissed,” the court said, confirming that the managing committee cannot function until the dispute is decided or fresh elections are held.
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