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HC nixes plea challenging disqualification of housing society office-bearers

Court terms petition frivolous, imposes Rs 3 lakh fine; annual general meeting wasn’t held in the Jogeshwari society for two years

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Justice G S Kulkarni slammed the plea as a classic case of an abuse of the process of law. Representation pic

Justice G S Kulkarni slammed the plea as a classic case of an abuse of the process of law. Representation pic

The Bombay High Court recently came down heavily on a petitioner, who challenged the disqualification of officer-bearers of Paras Nagar Cooperative Housing Society (CHS) in Jogeshwari East by the joint divisional registrar of co-operative societies for five years for not conducting the annual general body meeting (AGM) for two consecutive years. The court pointed out serious flaws in the petitioner’s plea and imposed a fine of Rs 3 lakh, which is to be deposited by the petitioner with Maharashtra State Legal Services Authority. The court also observed that precious judicial time was not required to be spent on such a frivolous petition and dismissed the plea.

The petition

The petitioner, Chintamani Pandey, secretary of Paras Nagar CHS, had filed a writ petition before the high court, assailing an order dated June 14, 2022 passed by the divisional joint registrar of co-operative societies, Mumbai Division, whereby the revision application as filed by the petitioner under Section 154 of the Maharashtra Co-operative Societies Act, 1960 was dismissed. In the revision application, the petitioner had challenged an order dated March 3, 2022, passed by the deputy registrar of co-operative societies, K East division,  under Section 75 (5) of the MCS Act, whereby the petition was disqualified for the reason that in the capacity as secretary, the petitioner had failed to comply with the vital obligation of holding the AGM.

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