Bombay HC Quashes Disqualification Of Bandra Society Panel, Orders Probe Against Deputy Registrar

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Bombay HC Quashes Disqualification Of Bandra Society Panel, Orders Probe Against Deputy Registrar


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The Bombay High Court has truly subdued the incompetency of the dealing with board of a Bandra West actual property tradition and the session of a supervisor, calling the actions “illegal” and a “misuse of power.”

Justice Amit Borkar, on Monday, routed the Principal Secretary of the Maharashtra Co- process Department to designate an aged police officer to carry out an “impartial and comprehensive” question proper into the conduct of the Deputy Registrar of Cooperative Societies, that had truly handed the orders. A conformity document has truly been appeared for inside 8 weeks.

The court docket was listening to an software submitted by 6 individuals of the dealing with board of Bandra Trishul Premises Cooperative Housing Society, that had been invalidated by the Deputy Registrar in February 2025 for six years. The incompetency complied with issues from tradition individuals declaring abnormalities within the session of a programmer for the tradition’s redevelopment.

The petitioners– Harish Arora, Venetia Palia, Phiroze Karmali, Khalid Omar Wakani, Nafees Khan and Vinay Wadhera– mentioned that the programmer’s session was accepted by the tradition’s primary physique, the best decision-making authority. The court docket concurred, mentioning, “In such a situation, the managing committee cannot be said to have acted arbitrarily or contrary to the collective will of the society.”

Justice Borkar held that the incompetency was handed with out complying with ideas of all-natural justice and didn’t have substantive proof. “The impugned action suffers from serious legal and procedural infirmities, and hence, interference in writ jurisdiction is warranted,” the court docket noticed in an in-depth 64-page judgment.

Further, the court docket criticised the rash session of a supervisor with out discovering a lot much less invasive options. “The immediate appointment of an outsider as administrator… indicates a predetermined resolve to oust the petitioners at all costs. This fortifies the inference of malice in law,” the court docket stored in thoughts.

Three orders passed by the Deputy Registrar had been examined within the software– the incompetency of the dealing with board underneath Section 79A( 3) of the Maharashtra Cooperative Societies Act; the session of a supervisor underneath Section 77A; and a standing instruction launched by the Divisional Joint Registrar in pending alteration procedures.

The court docket subdued all 3 orders and routed that the difficulty be famous for conformity and extra directions on August 25. A requirement by the federal authorities supporter to stay the judgment was denied.



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