In cooperative housing societies, it is common for individuals to own flats in more than one building. A frequently asked question is whether such a person can simultaneously serve as an office bearer — such as Chairman, Secretary or Treasurer — in two different societies.
The legal position under the Maharashtra Cooperative Societies Act, 1960 is clear.
What Did Section 73A Earlier Provide?
Earlier, Section 73A of the Maharashtra Cooperative Societies Act, 1960 dealt with disqualification of “designated officers” and imposed certain restrictions on holding office in multiple societies.
However, pursuant to the 2019 amendments to the Act:
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Section 73A does not apply to Cooperative Housing Societies.
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The restrictions applicable to certain other categories of cooperative societies are not extended to housing societies.
Therefore, the earlier limitation on holding office in more than two societies is not applicable to housing societies.
Position Under Section 154B-23
After the amendments, matters relating to disqualification of committee members in cooperative housing societies are governed by Section 154B-23.
Importantly:
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Section 154B-23 does not contain any specific prohibition against being an office bearer in more than one cooperative housing society.
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There is no clause restricting simultaneous office holding in two housing societies.
Thus, legally, a person can be an office bearer in two cooperative housing societies at the same time.
Practical Considerations and Conflict of Interest
Although there is no statutory bar, certain practical and ethical considerations must be kept in mind:
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The office bearer must ensure no conflict of interest arises.
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Decisions taken in one society should not adversely affect the other.
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Confidential information of one society must not be misused.
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The individual must be able to effectively discharge duties in both societies without neglect.
Good governance demands transparency and accountability.
Role and Responsibilities of Office Bearers
Office bearers are responsible for:
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Day-to-day administration
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Financial management
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Compliance with statutory provisions
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Representing the society before authorities
Holding office in multiple societies increases responsibility and requires careful balancing of commitments.
Conclusion
There is no provision under the MCS Act, 1960, as amended, that prohibits a person from being an office bearer in two cooperative housing societies simultaneously. Section 73A is not applicable to housing societies post-2019 amendment, and Section 154B-23 does not impose such a restriction. However, the individual must avoid conflict of interest and ensure proper discharge of duties in both societies.
