Justice Amit Borkar quashes Registrar’s order removing Jijau Cooperative Housing Society’s managing committee, cites violation of due process under Section 78A
The Bombay High Court has ruled that housing society committees cannot be removed arbitrarily by cooperative department officials, reaffirming that strict compliance with due process is mandatory before taking such drastic action.
Delivering judgment in Jijau Cooperative Housing Society Ltd. vs. State of Maharashtra & Ors., Justice Amit Borkar quashed the Deputy Registrar’s order that had removed the managing committee of the Jijau Cooperative Housing Society and appointed an administrator in its place.
⚖️ Background: Committee Removed Without Consultation or Hearing
The controversy began when the Deputy Registrar, Cooperative Societies, invoked Section 78A of the Maharashtra Cooperative Societies Act, 1960 to dissolve the elected managing committee and install an administrator, citing alleged mismanagement.
However, the committee members challenged the order in the High Court, contending that it was issued without giving them an opportunity to respond and without consulting the federal society, both of which are mandatory preconditions under Section 78A.
They further argued that there was no evidence or inquiry report substantiating the charges of mismanagement or misconduct.
🧾 Court’s Findings and Observations
Justice Borkar noted that the supersession of a democratically elected managing committee affects the rights of members and cannot be taken lightly.
He observed:
“Supersession of an elected managing committee affects the democratic functioning of cooperative societies. Therefore, strict compliance with the statutory procedure under Section 78A is not optional but mandatory.”
The court held that the Registrar’s order suffered from procedural lapses, as it lacked prior consultation with the federal society and did not record sufficient reasons or evidence to justify the committee’s removal.
Accordingly, the High Court quashed both the supersession order and the appellate authority’s confirmation, reinstating the society’s elected committee.
🏠 Implications for Housing Societies Across Maharashtra
This ruling serves as a strong precedent protecting the autonomy of cooperative housing societies.
Legal experts believe it sends a clear message that Registrar-level officials cannot invoke Section 78A casually to remove elected bodies without following the law to the letter.
The judgment is expected to safeguard hundreds of managing committees in Maharashtra that often face sudden administrative interventions, ensuring that democratic functioning within housing societies remains intact.
