HC ordered to deter housing society inquiry


Mumbai: Bombay High Court have ordered to stop the housing society inquiry ordered by registrar, as complaints which has been made didn’t have support of one-third members of the society. Justice Anoop Mohta said that only due to “some member or one member is against of society or managing committee” that couldn’t be the reason to order an inquiry. “But if application is filed by the obligatory body of society then it is responsibility of registrar to look into the matter and take essential actions” Justice said.
According to Section 83 of the Maharashtra Co-operative Societies Act, registrar can—on his own or on the basis of an application by one third members of the housing society or by a person authorized by him— order an inquiry into the constitution, working and financial conditions of a society.
‘‘According to me, not only the registrar but officers who are accountable and have several obligations under the law (and) are suppose to look into the matters of the society on time intervals,’’ said the judge.
Though, in this case, as a complaint was the primary factor for action, high court said it is not legal as complaint was filed by less than the one third of the requisite members of the housing society. Judge said that “therefore, there is requirement of one third members of the society. In the absence of them, the appointment of the inquiry officer and holding of an inquiry based upon the same is incorrect.’’





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5 thoughts on “HC ordered to deter housing society inquiry

  1. Sir, I have read your article on Bombay High Court judgement on housing society matter in TOI on dt.21-4-2011. It will be greatful to me if you mail a judgement order copy or details of case etc. Thanks to you and your TOI team for giving us valuable information.

    Regards:- Anand Gavi

  2. WRIT PETITION NO. 544 OF 2011
    Ashok Saha & ors. … Petitioners
    v/s
    The State of Maharashtra & ors. … Respondents
    gated15TH APRIL, 2011

  3. WRIT PETITION NO. 544 OF 2011
    Ashok Saha & ors. … Petitioners
    v/s
    The State of Maharashtra & ors. dated15th April 2011

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