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Sayed Maqsood Ahmed   18 November 2022

maharashtra coperative housing society act 1960

dear learned advocates

reference to the subjected act, I would like to know if a member of a housing society's managing committee or chairman, or treasurer or secretary having more than 2 kids after 2011 ie. amendment to Section 73 a (not sure about this section) can stand for housing society election.

if it is found that certain members had the third kid born after 2011 can he be disqualified by the registrar of the society on his own. Or do I need to file a complaint to the registrar of society of my area to disqualify the concerned MC members.

thanks in advance for your valuable opinion with reference of coperative housing society act and any judgement of the SC in this

thanks in advance for your quick answer

Best regards


Learning

 11 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     18 November 2022

No such restriction for only 2 children. 

Sayed Maqsood Ahmed   18 November 2022

Dear Sir 

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 

Best regards 

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

Dear  Sir 

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. 

 

Thank you

Kind regards 

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 

 

Best regards 

Ahmed 

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

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

Dear Sir 

You are absolutely correct its called ad Maharashtra co-operative societies act 1960

Best regards 

 


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