In a significant ruling, the Deputy Registrar of Cooperative Housing Societies has removed and disqualified key Managing Committee members of Sachin Cooperative Housing Society Limited, located on Mithagar Road in Mulund East, for failing to provide essential documents to a society member. The chairman, secretary, and treasurer have been barred from contesting society elections for the next five years, reinforcing the stringent legal provisions governing cooperative housing societies.
Society member Sadanand Manekar had requested financial records for the fiscal year 2023-24, including:
- Books of accounts
- Receipts and disbursements
- Profit and loss statements
- Balance sheets
- Audit reports
- Conveyance documents
- Survey reports
- Expenditure records
- Permissions related to surveys
Despite making formal written and email requests, Manekar did not receive the documents within the mandated 45-day period. Even after 90 days, the society had failed to provide the requested information, violating its legal obligations.
Legal Provisions Violated
Under Section 154 B(8) of the Maharashtra Cooperative Societies Act, 1960, members have the right to inspect society documents without any charge. If photocopies are required, members must pay a nominal fee. The managing committee initially assured Manekar that the documents would be provided, but later falsely claimed he had not paid the necessary photocopying charges.
Committee’s Defense and Investigation Findings
The Managing Committee members argued that 156 pages had been shared with Manekar, and ₹780 was pending for the photocopies. However, Manekar refuted these claims, asserting that he never received the documents and was instead asked to pay ₹1,000 arbitrarily.
Upon investigation, Deputy Registrar MB Mhaske determined that the managing committee had failed to fulfill its duty. The committee’s refusal to provide documents was deemed a serious violation of cooperative society laws. As a result, the chairman, secretary, and treasurer were dismissed from their positions and disqualified from contesting society elections for five years.
Implications for Other Housing Societies
This ruling serves as a precedent for other cooperative housing societies, emphasizing the consequences of withholding crucial documents from members. Housing society office bearers must adhere to transparency and legal obligations to avoid penalties, dismissal, and legal action.
Key Takeaways for Housing Society Members
- Right to Information: Society members have the legal right to access financial and legal documents.
- Timely Compliance: Managing committees must respond to document requests within 45 days.
- Legal Consequences: Failure to provide essential records can result in dismissal and election disqualification.
- Transparency in Governance: Societies must ensure fair and legal administration to avoid legal disputes.
This case highlights the need for accountability in cooperative housing societies and reinforces the legal rights of members to access financial and governance-related records.
