Case Note & Summary
The petitioner, a member of the Managing Committee of respondent No.6/Society, was disqualified by the Deputy Registrar Co-operative Society under Section 154B-23 of the Maharashtra Cooperative Societies Act, 1960 (MCS Act) for having more than two children. The disqualification was based on findings that the petitioner had three children: Ms. Mahima Pawan Singh (born 19.04.2001), Mr. Abhinav Pawan Singh (born 28.09.2009), and Mr. Prabhat Pawan Singh (name in ration card), and also Ms. Janhvi (born 31.08.2007). The order was confirmed by the Divisional Joint Registrar in revision. The petitioner challenged both orders, arguing that Sections 154B-1 to 154B-31 were not listed in Section 154B(1) and thus not applicable to housing societies, and that Section 154B(2) excluded Section 73CA. The court rejected these arguments, holding that Chapter XIII-B is a special provision for housing societies and Section 154B-23 is an independent provision that incorporates the disqualification ground of having more than two children from Section 73CA(1)(f)(vii) by reference. The court noted that the petitioner had a daughter before the commencement date of the amendment (07.09.2001) and three children after, and that the petitioner failed to provide a birth certificate to rebut the finding that Prabhat Pawan Singh was his son, as his name appeared in the ration card. The court dismissed the petition, upholding the disqualification.
Headnote
A) Cooperative Law - Disqualification of Committee Member - Section 154B-23(v) Maharashtra Cooperative Societies Act, 1960 - Incorporation by Reference - The court held that Section 154B-23 is an independent provision in Chapter XIII-B governing housing societies, and clause (v) incorporates the disqualification ground of having more than two children from Section 73CA(1)(f)(vii). The non-inclusion of Sections 154B-1 to 154B-31 in Section 154B(1) does not render Chapter XIII-B redundant; the provisions apply to housing societies. The authorities had jurisdiction to disqualify the petitioner. (Paras 7-9)
B) Cooperative Law - Evidence of Paternity - Ration Card Entry - The court accepted the finding that the child named in the petitioner's ration card was his son, as the petitioner failed to provide a birth certificate to rebut the presumption. The petitioner had three children after the commencement date of the amendment, thus incurring disqualification. (Paras 10-11)
Issue of Consideration
Whether the disqualification under Section 154B-23(v) of the Maharashtra Cooperative Societies Act, 1960 for having more than two children applies to members of managing committees of cooperative housing societies, and whether the authorities had jurisdiction to disqualify the petitioner.
Final Decision
The petition is dismissed. No costs.
Law Points
- Section 154B-23 of MCS Act is an independent provision
- disqualification for having more than two children applies to housing societies
- incorporation by reference of Section 73CA disqualification grounds
Case Details
2024 Lawtext (BOM) (6) 139
WRIT PETITION NO. 8109 OF 2024
Mr. Swapnil Bangur for petitioner, Dr. Uday Warunjikar for respondent No.5, Learned AGP for respondents 1 to 3
Pawankumar Nandkishor Singh Ors.
The State of Maharashtra Ors.
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Nature of Litigation
Writ petition challenging orders of disqualification of a managing committee member of a cooperative housing society.
Remedy Sought
Quashing of the disqualification order dated 15.05.2023 and the revisional order dated 02.05.2024, and rejection of the complaint filed by respondent Nos.4 and 5.
Filing Reason
The petitioner was disqualified as a member of the Managing Committee for having more than two children under Section 154B-23(v) of the MCS Act.
Previous Decisions
Deputy Registrar Co-operative Society disqualified the petitioner on 15.05.2023; Divisional Joint Registrar dismissed the revision on 02.05.2024.
Issues
Whether Sections 154B-1 to 154B-31 are applicable to housing societies despite not being listed in Section 154B(1) of the MCS Act.
Whether the disqualification under Section 154B-23(v) for having more than two children applies to members of managing committees of housing societies.
Whether the authorities had jurisdiction to disqualify the petitioner.
Submissions/Arguments
Petitioner: Sections 154B-1 to 154B-31 are not mentioned in Section 154B(1) and thus not applicable; Section 154B(2) excludes Section 73CA, so disqualification is invalid.
Respondent No.5: Chapter XIII-B is a later insertion and applies to housing societies; Section 154B-23 independently provides for disqualification including having more than two children.
Ratio Decidendi
Section 154B-23 of the MCS Act is an independent provision in Chapter XIII-B governing housing societies, and clause (v) incorporates the disqualification ground of having more than two children from Section 73CA(1)(f)(vii) by reference. The non-inclusion of Sections 154B-1 to 154B-31 in Section 154B(1) does not render Chapter XIII-B inapplicable; the authorities had jurisdiction to disqualify the petitioner based on evidence of three children after the commencement date.
Judgment Excerpts
Accepting the contention of learned counsel for the petitioner that non inclusion of the above provisions in section 154B(1)of the MCS, Act, would indicate that the same was not applicable, would make the entire Chapter XIII-B redundant... which is impermissible in law.
Clause (v) mandates that a member would incur disqualification similar to that mentioned in the provisions of Clause (vii), (viii) or (ix) of clause (f) of sub-section (1) of Section 73CA.
Sec.154 B-23, is an independent provision, and operates independently and would mandate disqualification of a member if he has more than two children.
Procedural History
The Deputy Registrar Co-operative Society disqualified the petitioner on 15.05.2023. The petitioner filed Revision Application No.251 of 2023 before the Divisional Joint Registrar, which was dismissed on 02.05.2024. The petitioner then filed the present writ petition before the Bombay High Court.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: 154B, 154B-23, 73CA, 73CA(1)(f)(vii)
