Sayed Maqsood Ahmed 18 November 2022
kavksatyanarayana (subregistrar/supdt.(retired)) 18 November 2022
No such restriction for only 2 children.
Sayed Maqsood Ahmed 18 November 2022
Thanks for your immediate response
Maybe the subsequent amendments to the section of the Maharashtra cooperative housing society act or any SC judgment in thus respect which you maybe aware of
Kindly enlighten me
Thanks a lot
Dr J C Vashista (Advocate) 19 November 2022
One flat one vote in Maharashtra has been decided by Supreme Court on 02 November 2007 in the case of Merry Niketan Co-operative Housing Society Ltd, please open link https://toi.in/85q0nY/a31ga8
The judgement stands superseeded, I presume but not sure. Please check with some local prudent lawyer
Sayed Maqsood Ahmed 19 November 2022
Thanks for your views.
Sir my question is about disqualification of any MC member who has given birth to a third kid after 2011 as per the relevant section of the Maharashtra coperative housing society act 1960. And not about voting procedure.
Could you enlighten me your legal views on my question.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 20 November 2022
To the best of my knowledge there is no law as stated by Mr.Ahmed.
Sayed Maqsood Ahmed 20 November 2022
Dear Dr. RAMANI
I am referring to the Maharashtra co-operative housing society act 1960 and if there is any section or clause in this act which prohibits the member of a society having 3 kids after amedment carried out in raising act to contest managing committee elections
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 21 November 2022
I was Secretary of a Society for decades. I repeat that I am not aware of any such law.
Sayed Maqsood Ahmed 23 November 2022
Dear Dr Ramani
Please see below SC judgement pf 2017 which is self-explanatory
Have more than two kids? You cannot be part of your society's managing committee
2 men from a Mumbai Central society removed from managing committee for having more than 2 children
A provision in the Maharashtra Cooperative Societies Act bars such members from contesting society elections; most colonies not even aware of this rule
In an order that can have city-wide ramifications, the assistant registrar of cooperative societies has disqualified two people from the managing commit tee of a Mumbai Central housing society for having more than two children. Interestingly, the two were removed from their posts following a complaint from a resident that had nothing to do with kids.In this case, the complainant Hasan Ali Mukadam from New Green Chambers CHS had alleged that the society's joint treasurer Samir Shah, and managing committee member Imran Khan, had gone ahead with the redevelopment without the consent of the members.
In response to the complaint, Assistant Registrar (E Ward) Kumar Chavan invoked a lesser-known provision in the Maharashtra Cooperative Societies Act, 1960 (brought into force via an amendment in 2001), which says, “The concerned persons have more than two children and they cannot be electedacceptedappointed or nominated to the committee. They are being disqualified from the managing committee of the concerned society.“
Chavan's order noted that following the complaint, submitted on November 23 last year, show cause notices were issued to Shah and Khan, who failed to appear before him or file a reply.
To give them one more chance to clarify their stand, copies of the notices were forwarded to the Federation of Cooperative Housing Societies, the order noted. Shah and Khan, however, denied receiving any such notice.“Mukadam has been at loggerheads with the society for a long time. He is not happy with the developer the society has finalised for redevelopment, hence this move,“ he said. Khan said that he has only two children, and he had no idea about such a complaint as he was looking after his ailing mother. The society chairman, Hamid Shaikh, said they would challenge the registrar's order. “If such a provision exists, the members should point it out at the time of society elections itself. In fact, the form for elections should have a columnquery which would ask the member to declare if heshe is qualified to contest the election as per that provision,“ Shaikh said.
Mukadam's lawyer Rajesh Bindra, however, said the assistant registrar was only following the law. Confirming that Mukadam had filed a suit in the Bombay High Court against the society's decision regarding redevelopment, the lawyer said, “How do those proceedings take away the importance of the assistant registrar's order? It is a legally correct order based on something which is provided by the law. Society members being unaware of such a provision does not make any
P. Venu (Advocate) 24 November 2022
A dispassionate reading of the provisions of Section 73CA (1)(f)(vii) would reveal that is of limited application in respect of the members of in the case of District Central Co-operative Bank or of the State Co-operative Bank not to all the institutions covered by the Act, Housing Societies included. It is trite that every statute needs to be read as a whole. Selective reading lead to incorrect surmises.
Sometime back, there was some discussion on this subject, of course, in a different context. Please see the thread https://www.lawyersclubindia.com/experts/2-kids-policy-in-housing-socieity-election-733881.asp
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 November 2022
In the first place, I have to say that there is no law under the name The Maharashtra Co-operative Housing Societies Act, 1960. There is only The Maharashtra Co-operative Societies Act, 1960. Section 73CA covers some co-operative societies other than co-operative housing societies. The SC judgment does not say that it was a co-operative housing society. The last word has not been said with regard to the Mumbai Central Co-operative Housing Society.
Sayed Maqsood Ahmed 24 November 2022
You are absolutely correct its called ad Maharashtra co-operative societies act 1960