HC: Housing society panels become invalid if strength drops below two-thirds

The Bombay High Court ruled that a co-operative housing society's committee becomes invalid if its elected members drop below two-thirds during its term.

MUMBAI: The Bombay High Court has ruled that the managing committee of a co-operative housing society automatically becomes invalid if its elected strength falls below two-thirds of the sanctioned number at any point during its tenure.

HC: Housing society panels become invalid if strength drops below two-thirds

“This requirement is not a formality. It reflects a conscious choice made by the Legislature,” justice Amit Borkar said on Friday, while upholding an order of the Co-operative Appellate Court in a dispute involving Splendor Complex Co-operative Housing Society, Jogeshwari East.

The case was triggered after society member Sudhir Agarwal approached the Co-operative Court seeking a declaration that the managing committee elected for the 2022–2027 term had ceased to be validly constituted. Agarwal argued that seven members resigned on August 4, 2024, reducing the committee’s strength to 10, below the statutory requirement of 13-- two-thirds of the sanctioned strength of 19.

The society countered that under Section 154B-19 of the Maharashtra Co-operative Societies Act, its committee was validly constituted at the time of election, with 18 members, and therefore could not be invalidated mid-term.

After the Co-operative Court declined interim relief, Agarwal appealed. On November 15, 2025, the Co-operative Appellate Court restrained the managing committee from convening meetings or passing resolutions until the dispute was decided or fresh elections were conducted. Ten committee members then moved the High Court challenging this interim order.

Justice Borkar dismissed their petition, holding that Section 154B-19 fixes both the sanctioned strength and the minimum number of elected members required for a valid committee- a requirement that continues throughout the committee’s lifespan. “If the number of elected members falls below this threshold at any time, the committee ceases its validity,” the court observed.

By setting a “more than two-thirds” threshold, the Legislature intended to ensure that societies remain under the effective control of the general body, the court added. The interpretation, it said, protects democratic functioning and prevents a small group from running the society despite losing majority support.