Disqualification of Society Management Committee in Maharashtra: Key Grounds & Legal Insights

Introduction: 

Managing a cooperative housing society is a significant responsibility, and committee members must act in the best interest of residents. However, violations of the law, financial mismanagement, or ethical breaches can lead to the disqualification of the management committee. In Maharashtra, the Maharashtra Cooperative Societies Act, 1960, and the Model Bye-Laws govern the eligibility and disqualification of committee members.

Grounds For Disqualification :

A management committee member may be disqualified under various circumstances, including:

1. Non-Payment of Dues – If a committee member has unpaid maintenance or society dues for more than three months, they become ineligible to hold office.
2. Criminal Conviction – A member convicted of an offense involving moral turpitude or fraud cannot continue in the committee.
3. Misuse of Power – If a committee member misuses authority for personal gain or engages in financial irregularities, they can be removed.
4. Non-Attendance in Meetings – If a member fails to attend three consecutive meetings without valid reasons, they may face disqualification.
5. Conflict of Interest – Holding a position that conflicts with society’s interests, such as being involved in litigation against the society, can lead to removal.

Legal Provisions & Compliance :

The Maharashtra Cooperative Societies Act, 1960, and the Model Bye-Laws (Clause 118) clearly outline the disqualification criteria. The Registrar of Cooperative Societies (RCS) has the authority to take action against disqualified members. If a complaint is lodged, the RCS investigates and may issue an order of disqualification. Members can appeal such decisions in cooperative courts.

Steps To Disqualify A member :

If a member is found violating society rules, the following steps are taken:

1. A written complaint is submitted to the society and the Registrar.
2. The committee conducts an internal review and may issue a show-cause notice.
3. If non-compliance continues, the Registrar initiates legal proceedings.
4. After verification, the disqualification order is passed, and the member is removed from the committee.

Preventive Measure for Societies :

To avoid conflicts and ensure smooth management, societies must:

• Conduct background checks before elections.
• Regularly update members on financial transparency.
• Hold training sessions for committee members about their legal duties.
• Enforce strict compliance with Model Bye-Laws.

 Conclusion :

The disqualification of the management committee is a serious matter that protects the integrity and efficiency of housing societies. Residents should remain vigilant and report any violations to prevent mismanagement. Following legal procedures and best practices helps maintain fair governance in cooperative societies.

Also Watch : Important Rera Judgements taken by MahaRERA under different circumstance-2

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