More than two children? Can’t join housing society committee: Bombay HC | Mumbai news - Hindustan Times
close_game
close_game

More than two children? Can’t join housing society committee: Bombay HC

Jun 21, 2024 08:57 AM IST

The court held that the “small family” rule, introduced in the Maharashtra Co-operative Societies Act, 1960, by a 2019 amendment, was applicable in the case

MUMBAI: The Bombay high court recently upheld an order disqualifying a Kandivali resident from the managing committee of his housing society because he had more than two children. The court held that the “small family” rule, introduced in the Maharashtra Co-operative Societies (MCS) Act, 1960, by a 2019 amendment, was applicable in the case.

The Bombay High Court (HT FILE PHOTO)(HT_PRINT)
The Bombay High Court (HT FILE PHOTO)(HT_PRINT)

Bombay High Court clears Hamare Baarah for release with agreed edits

The “small family” rule disqualifies a person with more than two children from joining a co-operative housing society’s managing committee.

A single-judge bench of Justice Avinash Gharote dismissed a petition filed by Pawankumar Singh, a member of Charkop Kandivali Ekta Nagar Co-operative Housing Society. Singh had moved the high court after the Divisional Joint Registrar, Co-operative Societies, on May 2 rejected his appeal challenging a May 2023 order passed by the deputy registrar disqualifying him as a member of his society’s managing committee.

After the society elections last year, two members, Deepak Tejade and Ramachal Yadav, had filed a complaint with the Deputy Registrar, Western Suburbs, claiming that Singh was disqualified to be a part of the managing committee because he had more than two children. This was in violation of Section 154B-23 of the MCS Act, they argued.

Singh’s counsel, Swapnil Bangur, submitted that section 154B(1) of the MCS Act excludes the applicability of Sections 154B-1 to 154B-31 of the MCS Act to co-operative housing societies. So the deputy registrar could not have declared him disqualified and, as a result, the complaint filed by Tejade and Yadav was liable to be rejected.

Advocate Uday Warunjikar, who appeared for Yadav, submitted that the relevant provisions were applicable to housing societies, and Singh was corrected disqualified.

Justice Gharote accepted Warunjkar’s arguments, saying, “Section 154B-23 is an independent provision, and operates independently and would mandate disqualification of a member if he has more than two children.”

SC stays Bombay HC order on premature release of Arun Gawli

Dismissing the petition, the court said the registration authorities disqualifying Singh from the managing committee “cannot be faulted with on account of absence of jurisdiction”.

The court also rejected Singh’s contention that one of the three children – claimed by the complainants to be his as his name was added to his ration card – was not his and was merely brought to his house for educational purposes. The court rejected the claim after he failed to submit the boy’s birth certificate.

Also Read: Mumbai real estate: 10 things homeowners of societies looking to get their buildings redeveloped should keep in mind

Catch every big hit, every wicket with Crickit, a one stop destination for Live Scores, Match Stats, Infographics & much more. Explore now!

Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.
SHARE THIS ARTICLE ON
Share this article
SHARE
Story Saved
Live Score
OPEN APP
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Wednesday, July 24, 2024
Start 14 Days Free Trial Subscribe Now
Follow Us On