No disqualification under Section 154B-23 for documents outside Section 154B-8(1)

The facts

A member of Marvel Albero Co-operative Housing Society Ltd., Kondhwa Budruk, Pune, applied to the society on 18 March 2025 for copies of (i) the society’s bank account statements, (ii) the list of defaulter members, and (iii) income and expenditure statements for the period from October 2023 to February 2025.

On his complaint, the Deputy Registrar, Co-operative Societies, Pune City (4), on 15 December 2025 directed the society under Section 154B-27(1) to supply the documents. The member then applied on 6 January 2026 for the Chairman and Secretary to be disqualified under Section 154B-23. The office-bearers’ case is that the documents had in fact been supplied to him, and that he complained within a week of paying the fee.

The Deputy Registrar’s order

After hearings on 18 February, 24 March, 1 April and 16 April 2026, the Deputy Registrar held by order dated 19 June 2026 that the Chairman and Secretary had failed to comply with the direction of 15 December 2025. He held them responsible under Sections 154B-8 and 154B-27, and declared them disqualified under Section 154B-23(1)(iii) from being appointed, co-opted or nominated as members of the committee.

Revision before the Divisional Joint Registrar

The two office-bearers filed Revision Application No. 226 of 2026 under Section 154 before the Divisional Joint Registrar, Co-operative Societies, Pune Division, and applied for a stay. By order dated 30 July 2026, the Divisional Joint Registrar refused the stay and kept the revision for further hearing, so the disqualification remained in force.

What the High Court held

The office-bearers filed Writ Petition No. 10239 of 2026 immediately, and the matter was mentioned for urgent listing. At the first hearing on 10 August 2026, the Court:

• noted that the Deputy Registrar had himself observed that the documents demanded were not the ones enumerated in Section 154B-8 of the Act;
• found it difficult, on the list of documents demanded, to conclude that they were documents enumerated in Section 154B-8, and recorded the petitioners’ case that the documents had actually been supplied;
• reiterated that the Court has repeatedly held that disqualification under Section 154B-23 cannot be ordered for non-compliance in respect of documents that do not figure in Section 154B-8(1);
• stayed the disqualification order dated 19 June 2026 until the next date of hearing.

The Court issued notice to the respondents. It indicated that it proposed to take up the petition for final disposal and, subject to hearing the respondents, to direct the Divisional Joint Registrar to decide the pending revision while continuing the stay.

How the matter moved

• 18 March 2025Application for documentsA member asks the society for bank statements, the defaulter list and income and expenditure statements.
• 15 December 2025Direction under Section 154B-27(1)The Deputy Registrar, Pune City (4), directs the society to supply the documents.
• 6 January 2026Application for disqualificationThe member seeks disqualification of the office-bearers under Section 154B-23.
• 19 June 2026Chairman and Secretary disqualifiedOrder under Section 154B-23 after the fourth hearing.
• 30 July 2026Stay refused in revisionThe Divisional Joint Registrar, Pune Division, refuses interim stay in Revision No. 226 of 2026.
• 10 August 2026Bombay High Court stays the disqualificationWP No. 10239 of 2026: stay granted at the first hearing; notice issued.
• 3 & 7 September 2026Further interim ordersThe matter is listed again before the same Bench; the stay continues.
• 14 October 2026Listed for admissionNext listing fixed on 19 November 2026.
• Current statusPending, stay continuesThe writ petition is pending for admission before the High Court, with the interim stay in force. Next date: 19 November 2026. Check the latest status on eCourts →

Why it matters for societies

Section 154B-8 gives members a right to copies of specific documents, and Section 154B-23 attaches disqualification to defaults the Act itself specifies. Members often ask for much more — bank statements, defaulter lists, vouchers, correspondence. A society should deal with such requests fairly and transparently, but failure to supply a document that is not listed in Section 154B-8(1) is not a ground on which office-bearers can be removed and barred from the committee.

For office-bearers facing a disqualification order, the case also shows that the remedy must be pursued quickly. Where the revisional authority refuses a stay, the High Court can be approached under Article 226.

This is an interim order. The writ petition has not been finally decided, and the final outcome may differ. Later dates and orders: eCourts case status (CNR HCBM010375422026).

Documents

The Registrars’ orders are in Marathi; the account above is a summary, not a translation. This note describes one matter for general information. The outcome of any matter depends on its own facts and documents. Nothing here is legal advice, and contacting the office does not create an advocate–client relationship.

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