Mumbai: The managing committee of a Bandra housing society has been declared invalid after resignations reduced its strength below the statutory minimum, prompting authorities to place the society under the charge of an administrative officer and order fresh elections.

On Tuesday, the District Deputy Registrar (H-West), Adinath Dagade, appointed an administrative officer to take charge of Yuwan Apartments Cooperative Housing Society in Bandra West, and directed that fresh elections be held within four weeks.
The society, which has 136 members, elected a 13 member Managing Committee in 2023. However, according to the Society’s Bye-Laws, the total Committee strength is 13 with a quorum of 7. The resignation of the Secretary and three other Committee members reduced its effective strength to 6. During the hearings, Chairman Anwar Rai appeared on behalf of the Society, along with members Sadiq Judha, Shezad Vastani and Salim Penangwala from the opposite side.
Under the Maharashtra Cooperative Societies Act, a managing committee must retain at least two-thirds of its sanctioned strength to remain valid. In this case, the minimum required strength was seven members.
The registrar observed that the committee ceased to be legally valid once its strength fell below the prescribed limit. Judicial precedents cited during the proceedings also held that such committees become invalid from the date the shortfall occurs.
{{/usCountry}}The registrar observed that the committee ceased to be legally valid once its strength fell below the prescribed limit. Judicial precedents cited during the proceedings also held that such committees become invalid from the date the shortfall occurs.
{{/usCountry}}Authorities noted that the resignations were not properly placed before the society or recorded at general body meetings, resulting in administrative confusion. Although attempts were made to induct new committee members, disputes over the committee’s composition led to multiple complaints and litigation before the Bombay High Court and the Supreme Court.
Internal society issues compounded the problem as after the secretary resigned, no replacement was formally appointed, yet the chairman and treasurer continued to function even though the committee lacked the required strength. These governance failures triggered a multitude of complaints alleging mismanagement and obstructive behavior within the committee.
Taking account of such persistent conflicts and the legal implications of the committee’s insufficient membership, the Deputy Registrar of H West, Adinath Dagade ordered appointment of an administrative officer who will take charge of the society’s records and oversee the process of conducting fresh elections within four weeks.
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