The appellate court, presided over by Member-1 Dr. Srishty Neelkanth, on 25 June 2026 rejected Appeal No. 11 of 2026 filed by the society and elected committee members. It confirmed that the election for the 2023-2028 term was illegal, bad-in-law, and void ab initio.

The large Type-C society (around 280 units and 256 members) at CTS No. 171, Lokhandwala Township, Akruli Road, Kandivali (E) saw its 15-member managing committee election (10 General + reserved categories) challenged by five disputants led by Ms. Aruna Brid.

Key allegations included improper nomination scrutiny, issuance of forms to ineligible candidates, faulty ballot paper design with some candidates’ names on the back page, and serious irregularities during counting on polling day.

Polling on 21 May 2023 recorded 146 votes. Candidates soon noticed discrepancies in totals, very narrow margins (1-2 votes), and one allegedly tampered ballot. Demands for a video-recorded recount were refused. The Returning Officer declared results via Form E-17 on WhatsApp but later circulated multiple conflicting versions on 23 May, admitting a staff error where one tally sheet was missed.

The Returning Officer conducted a suo moto recount after the initial declaration — without proper notice or presence of all candidates and the observer — in violation of Rule 63 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014. This rule permits recount only on a written application by a candidate or agent, not unilaterally by the Returning Officer after results are announced.

The lower Co-operative Court (No. I, Mumbai) on 17 February 2026 had partly allowed the dispute, quashed the elected panel, and directed the Deputy Registrar (R/S Ward) to conduct fresh elections. Evidence from the disputants, including documents showing multiple contradictory E-17 forms and complaints, remained largely unchallenged as opponents failed to cross-examine the key witness or lead their own evidence.

In appeal, the society argued that minor post-polling errors should not nullify the “will of the electorate.” The appellate court rejected this, noting material discrepancies between the initially declared results and later versions — including changes in elected candidates for General and reserved seats. It also highlighted that the State Co-operative Election Authority had blacklisted the Returning Officer for future elections due to his conduct.

The court held that the cumulative irregularities — especially the unauthorised recount and conflicting result sheets — vitiated the fairness and integrity of the entire electoral process. It found no infirmity in the trial court’s order.

Implications The 2023-elected managing committee stands quashed. The Deputy Registrar must now organise fresh elections as early as possible under proper supervision. The ruling serves as a strong reminder to Returning Officers and societies that strict adherence to election rules is mandatory, and procedural lapses that affect transparency can lead to complete invalidation of results.

This judgment reinforces member rights in co-operative housing societies and is likely to be cited in similar disputes across Maharashtra.

Also Read: Bombay High Court Empowers Homebuyers: Grants Deemed Conveyance Relief to Society, Reinforcing Flat Owners’ Right Against Builder Delays

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