HC upholds dissolution of Khar hsg society panel for loss of quorum

“Quorum is not a technicality; it is the minimum legal requirement to ensure that decisions of the committee represent the collective will and not the will of a small group or faction,” the court said

MUMBAI: The Bombay High Court on Monday upheld the dissolution of the managing committee of the Purshottam Bhagwan co-operative housing society (CHS) in Khar West for loss of quorum.

HC upholds dissolution of Khar hsg society panel for loss of quorum

“A committee which does not have a quorum cannot legally conduct its meetings,” the single judge bench of justice Amit Borkar said while hearing appeals by four managing committee members against the November 26, 2024 dissolution order passed by the district deputy registrar of H West ward.

“Quorum is not a technicality; it is the minimum legal requirement to ensure that decisions of the committee represent the collective will and not the will of a small group or faction,” the judge said.

The four managing committee members had approached the court after their appeals against the district deputy registrar were rejected by the divisional joint registrar and later by the minister of co-operation.

The court upheld the orders of the registrars and the minister after noticing that the eight-member managing committee of Purushottam Bhagwan CHS had lost quorum after four of its members resigned, as bye laws required five members for quorum.

Though the four members had tried to co-opt members and fill the lacuna, a committee without quorum could not take valid decisions and exercise important powers such as co-opting new members, the court said.

“When the committee was reduced to four members, it was incapable of transacting business in the eyes of law. Any resolution passed by such a body would be void,” said the court.

Justice Borkar, however, found force in submissions of the petitioners that the registrar should have given preference to society members instead of imposing an outsider as an “authorised officer” to conduct fresh elections.

“The scheme of section 77A (of the Maharashtra Co-operative Societies Act) shows that preference should be given to members of the society itself, and outsiders can be brought in only as a last resort,” the court said.

However, instead of remanding the matter back for undertaking this exercise and causing further delay, the court ordered the authorised officer to initiate the election process within two weeks and complete it at the earliest, in accordance with law.