KAILASH MAHESHWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition filed under Article 227 of the Constitution of India, the petitioners, who are Managing Committee members of a housing society, are challenging their disqualification under Sec. 75(5) of the Maharashtra Cooperative Societies Act, 1960 ("MCS Act" or "the said Act" for short). The disqualification has been imposed for alleged non- compliance of Ss. 75(2) and 75(4) of the MCS Act.

(2.) Respondent Nos. 4 and 5 filed a complaint alleging that the petitioners failed to comply with sub-Sec. (2) and (4) of Sec. 75. On this complaint, respondent No.2 issued a show- cause notice dtd. 9/1/2025 calling upon the petitioners to explain why action under Sec. 75(5) should not be taken for failure to comply with sub-Sec. (2), (3), and (4) in respect of the Annual General Meetings for the years 2021-2022, 2022-2023, and 2023-2024.

(3.) The petitioners filed their reply denying the allegations. They contended that the Managing Committee had duly complied with all provisions of Sec. 75 of the said Act.