Deputy Registrar, Co-operative Societies (MHADA), Mumbai · Order under Sections 75(5) and 77A · 24.05.2024
No AGM by 30 September: the whole committee is disqualified for five years
The Deputy Registrar, Co-operative Societies (MHADA), disqualified all seven managing committee members of a Vikhroli housing society for five years because the society’s AGM for 2022-23 was not held by 30 September, and appointed an authorised officer to run the society and hold elections.
Key points
- Under Section 75(1), the annual general meeting must be held within six months of the end of the financial year, that is by 30 September.
- If it is not, Section 75(5) lets the Registrar disqualify the committee members responsible from being elected, co-opted or continuing as committee members for five years.
- All seven members were disqualified, and an authorised officer was appointed under Section 77A to manage the society, hold elections and hand over to the new committee, with ₹2,500 per month payable from society funds.
The facts
A member complained in November 2023 that the society had not held its annual general meeting for 2022-23. The Deputy Registrar issued show-cause notices and fixed four hearings between December 2023 and April 2024. The complainant attended; no office-bearer of the society appeared at any hearing or filed a written reply. The district housing federation was asked for its views and sent none.
What the Deputy Registrar ordered
The order notes that the AGM is where the audit report, rectification report, appointment of auditor and other annual business must be placed and approved, and that holding it by 30 September is the committee’s statutory duty. Since the committee had not held it and had not explained the failure, the chairman, secretary, treasurer and four other committee members were declared disqualified for five years from continuing as, or being elected or co-opted as, committee members. Since the society would otherwise be left without management, a retired Grade-1 co-operative auditor was appointed as authorised officer under Section 77A, to take charge immediately, hold the committee election under the rules and hand over records to the new committee. He was not to take policy decisions. An honorarium and travel allowance of ₹2,500 per month was to be paid from the society’s funds.
Why it matters
Section 75(5) disqualification is one of the commonest actions Registrars take against housing society committees. Ignoring a show-cause notice makes it more likely. Committees should hold the AGM by 30 September every year and respond to any notice with documents and reasons. See also the Pune order of December 2023.
Four-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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