Narinder Pal Aggarwal v. State of Maharashtra Thro. Co-Operative Ministry
Case brief
What is this about?
Bombay High Court (Amit Borkar, J.), Writ Petition No. 11249 of 2025, decided 05-12-2025. Member of a housing society challenged (i) the Divisional Joint Registrar's order under S. 75(5) MCS Act disqualifying the Chairman and Secretary for one year over missed general body meetings (2020-2021 to 2022-2023) and late audit reports, and (ii) the Revisional Authority's order setting aside that disqualification for 'substantial compliance'. Court found the Kailash Maheshwari parameters (W.P. No. 10587 of 2025) unapplied, quashed both orders, and remanded to the Deputy Registrar, M Ward, Mumbai, for a fresh, reasoned decision; contentions kept open. Keywords: co-operative society, office bearer disqualification, general body meeting, audit delay, proportionality, substantial compliance, remand.
What did the court decide?
Both impugned orders quashed and set aside; matter remitted to the Deputy Registrar, Co-operative Societies, M Ward, Mumbai, for fresh consideration and a fresh order in accordance with law; contentions of both sides kept open.