Archive · 12 Nov 2025
Bombay HC: Housing Society Committees Not Removable on Suspicion or Minor Lapses
Imagine your neighborhood has a group of people, like a student council, elected to manage things for your housing building.
The Bombay High Court said that these elected managers can't be kicked out just because someone has a suspicion or they made a small mistake.
It's like saying a class president can't be removed from their job just because of a tiny forgotten homework assignment.
The court believes that kicking out elected people should only happen if there's a really serious problem proven with clear evidence, not just because of disagreements or minor issues.
This is because taking away their job affects how the building community can make decisions fairly, which is important for everyone living there.
Bombay High Court ruled that elected managing committees of housing societies cannot be removed based solely on suspicion or minor procedural errors.
The court quashed orders removing a 10-member committee of a Navi Mumbai housing society, citing lack of substantial evidence for the removal.
The committee was removed earlier this year for alleged non-submission of records and irregular collection of repair contributions.
The High Court emphasized that Section 78A of the Maharashtra Cooperative Societies Act, 1960, grants drastic powers that must be used cautiously with recorded reasons and material evidence.
Justice Amit B Borkar noted that the allegations did not demonstrate financial irregularity or a collapse in the society's administration, and that complainants seemed to disagree with the general body's decision on contributions.
- Who
- Bombay High Court, Jijau Coop. Housing Society Ltd, its 10-member managing committee, Assistant Registrar of Cooperative Societies, Joint Registrar of Cooperative Societies, complainant members, Advocate B A Lawate, AGP Dhruti Kapadia, Advocate Vivek V Salunke, Advocate Manthan A Chaudhari
- What
- The Bombay High Court quashed and set aside orders removing a housing society's managing committee, stating removal cannot be based on suspicion or minor lapses.
- When
- Tuesday (observation date), February 13, 2025 (Assistant Registrar's order), August 26 (Joint Registrar's order), October 2024 (Authorised Officer's report), June 2022 (General body meeting for contributions)
- Where
- Bombay High Court, Navi Mumbai (Kamothe)
- Why
- The High Court ruled that the removal orders were not based on sufficient evidence or established harmful acts, as required by Section 78A of the Maharashtra Cooperative Societies Act, 1960, and that the allegations were vague or based on disagreement with a general body decision.
Housing Society's Argument
Complainant Members & State's Argument
Reason for Committee Removal
Housing Society's Argument
The society argues that the allegations of non-submission of records and irregular collection of contributions were minor procedural lapses and that the general body had approved the temporary contribution scheme for urgent repairs, with 95% of members complying.
Complainant Members & State's Argument
The complainant members and the state's advocate supported the removal orders, implying the allegations were sufficient grounds for action.
Basis for Complaint
Housing Society's Argument
The society contended that the complainants approached the Registrar merely because they disagreed with the contribution amount fixed by the general body, which is the supreme authority.
Complainant Members & State's Argument
The complaint led to an authorised officer's report stating the society was not functioning as per byelaws and the Act, supporting the removal.
- Court
- Bombay High Court
- Judge
- Justice Amit B Borkar
- Act Cited
- Maharashtra Cooperative Societies Act, 1960 (Section 78A)
- Location
- Navi Mumbai (Kamothe)
- Issue
- Removal of elected managing committee of a housing society
- Committee Size
- 10 members