Archive · 5 Oct 2026
Maharashtra Redevelopment Rule Faces Challenge Over Physical Attendance
Maharashtra has issued new rules for housing societies that want to redevelop their buildings.
Some members can join the meeting by video call.
Their participation can count toward the meeting’s quorum and the vote for choosing a developer.
But the rules also say that at least 51% of all members must be there in person.
Mumbai Grahak Panchayat says this could make it hard for some societies to hold the meeting and may conflict with another cooperative-society rule.
It has asked the government to remove the in-person requirement.
The group also says the rules should explain what to do if three developers are considered and none gets 51% of the votes.
A Maharashtra government order dated September 30, 2026, replaced the 2019 redevelopment guidelines and permits some members to attend developer-selection meetings by video conference.
Online participants count toward the two-thirds quorum and the 51% majority for selecting a developer, but at least 51% of all society members must also be physically present.
Mumbai Grahak Panchayat says the physical-attendance condition is unfair, difficult to meet, and potentially inconsistent with Maharashtra cooperative-society rules.
Advocate Shirish Deshpande says societies with owners living elsewhere or renting out their flats may be unable to proceed with redevelopment; a cited example shows 45 people in person and 25 online still falling short of the physical threshold in a 100-member society.
The Panchayat also asks for a runoff-voting procedure when none of three proposed developers receives 51% of votes.
- Who
- Mumbai Grahak Panchayat, Maharashtra cooperative housing societies, and their members; advocate Shirish Deshpande represents the Panchayat’s objections.
- What
- The Panchayat is seeking changes to a redevelopment order that allows video attendance but requires 51% of all members to attend in person.
- When
- The order is dated September 30, 2026; the Panchayat’s representation is dated October 3.
- Where
- Maharashtra; the example query concerns a housing society in Borivali, Mumbai.
- Why
- The Panchayat says the in-person condition could be impractical, unfair to online participants, and inconsistent with cooperative-society rules; it also seeks a runoff process when no developer gets 51%.
Mumbai Grahak Panchayat
Government order
Physical attendance threshold
Mumbai Grahak Panchayat
The Panchayat argues that requiring 51% of members to be physically present is impractical and treats online participants unfairly, despite their attendance counting toward quorum and the selection majority.
Government order
The order permits eligible members to attend by video conference but separately requires 51% of the total membership to be physically present for the developer-selection meeting.
Legal consistency
Mumbai Grahak Panchayat
The Panchayat says the physical-attendance condition may conflict with Rule 106C-13(3)(j), which includes video-conference attendees in the 51% majority, and could be challenged.
Government order
The order imposes the physical-attendance condition; the articles do not provide a government response to the Panchayat’s legal objection.
Multiple developer candidates
Mumbai Grahak Panchayat
The Panchayat proposes a second round between the two leading developers if none of three candidates receives 51%, with the highest vote-getter in that round selected if no one again reaches 51%.
Government order
The Panchayat says the new order does not specify how to choose a developer when three candidates are considered and none receives 51%; no alternative procedure is stated in the articles.
- Order date
- September 30, 2026
- Previous guidelines
- Government resolution dated July 4, 2019
- Legal basis stated
- Section 79A of the Maharashtra Cooperative Societies Act
- Meeting quorum
- Two-thirds quorum; eligible members may attend by video conference
- Physical attendance condition
- At least 51% of the society’s total membership must be physically present
- Rule cited by the Panchayat
- Rule 106C-13(3)(j) includes members attending by video conference in the 51% developer-selection majority
- Panchayat’s requested changes
- Delete the physical-attendance condition and specify a second voting round if no developer receives 51%
