ANSARI IMTIYAZ AHMED (General Manager) 17 May 2022

Disqualification of housing society committee member for having children more than permitted by law

In our housing society type E in Maharashtra/Mumbai, existing committee was elected more than 5 years ago. Now same committee is planning to conduct elections as per existing rules & regulations of MCS Act.

Some of the office bearers like Secretary, Treasurer have 4 ( four ) children all born after Sept 2001. As per MCS act at the time of their appointment 5 years ago some had 3 ( three ) children and some had 2 ( two ) and hence they were not eligible for appointment 5 years ago and would stand disqualified now even as per amended MCS Act of 2019.

Is it legally right/correct for such office bearers to conduct elections now or be part of the existing committee which is to conduct elections now ?

Request guidance on how to proceed in respect of these office bearers.

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2 Replies

Gomes Agnelo (Home based) 18 May 2022

https://mumbaimirror.indiatimes.com/mumbai/cover-story/have-more-than-two-kids-you-cannot-be-part-of-your-societys-managing-committee/articleshow/57118745.cms

Have more than two kids? You cannot be part of your society'

Chs-More than 2 kids Disqualified
Under Section 73CA(1)(vii) read with section 154B-23.

Read more at:
https://mumbaimirror.indiatimes.com/mumbai/cover-story/have-more-than-two-kids-you-cannot-be-part-of-your-societys-managing-committee/articleshow/57118745.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

You may compait to the Dy Registrar and quote Section 73CA(1)(vii) read with section 154B-23.
It will be rewarding & you will get the result subsequently. wish you all the best.

P. Venu (Advocate) 18 May 2022

The amendmant has come into force only on 9th March 2019. As such, the provision for disqualification, in respect of Housing Socieities, would be applicable from that date only, that too, only if the amendment ordinance has not lapsed.