Deputy Registrar, P Ward, Mumbai · Order under Sections 73CA(1)(vii) and 78A · 27.04.2022
A third child born after 2001 disqualifies a committee member
The Deputy Registrar, P Ward, Mumbai, removed a housing society’s secretary from the managing committee because he had three children, one born after 2001, while holding that another member whose three children were all born before 2001 was not disqualified.
Key points
- Under Section 73CA(1)(vii), a person with more than two children is disqualified from being a committee member, where a child is born after the cut-off in 2001.
- The secretary had three children, the youngest born in 2004; he was declared disqualified for the remainder of the committee’s term.
- Another member had three children, but all were born before 2001, so he remained eligible.
The facts
A member complained in November 2021 that two committee members of the society had three children each. The Deputy Registrar issued show-cause notices under Sections 73CA(1)(vii) and 78A and heard the matter in March 2022. The secretary appeared and filed a written reply with his children’s Aadhaar cards; the other member did not appear, but his documents were filed. The district housing federation was asked for its view and gave none.
What the Deputy Registrar ordered
The records showed that the secretary’s three children were born in 1996, 1999 and 2004. Since one child was born after 2001 and he had more than two children, he was disqualified from continuing on the committee. The other member’s three children were born between 1991 and 1997, so he was not disqualified. By order under Sections 73CA(1)(vii) and 78A(1)(b), the secretary was declared ineligible to remain a committee member for the remainder of the term.
Why it matters
The two-child norm in the MCS Act applies to housing society committees, and the date of birth of the third child is decisive. Candidates should check their eligibility before standing for election, and societies should take a declaration at the time of nomination. Members who believe a committee member is disqualified can complain to the Registrar.
Three-page order in Marathi. Names of individuals are omitted on this page. This page summarises the decision for general information; it is not a substitute for the full text and not legal advice. Check whether the decision has since been appealed, modified or overruled.
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