VIDYADHAR NILKANTH KHANDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present writ petition is filed by the petitioner who is the Chairman of the housing society. He challenges the judgment and order dtd. 11/8/2025 passed by respondent No.1. The said order confirms the order dtd. 27/3/2024 passed by the Deputy Registrar under Sec. 75(5) of the Maharashtra Co- operative Societies Act 1960. The Deputy Registrar disqualified the petitioner for a period of five years. The main ground was that the petitioner as Chairman failed to hold the annual general body meeting within the period prescribed under Sec. 75(5) of the Act.

(2.) The facts leading to the filing of the present writ petition are as follows. On 4/2/2023, the new Managing Committee of respondent No.4 Society came into office for the period 2023 to 2027. The Committee consisted of eight members including the petitioner and respondent No.5. The petitioner was elected as Chairman. Respondent No.3 was elected as Secretary. Respondent No.5 was elected as Treasurer.

(3.) The petitioner states that on 15/9/2023 he sent an email to respondent Nos.2 and 3 and other committee members. He requested that the annual general body meeting for the year 2022 to 2023 be held within the statutory period. It was informed in the Committee that minutes of Managing Committee meetings for the year 2022 were not prepared. It was also informed that minutes of earlier AGM and SGM meetings were not available in the society records because the earlier Managing Committee had not handed over complete papers at the time of handing over charge. The petitioner states that by email dtd. 18/9/2023 he informed the Managing Committee that the Auditor must provide the account statements. He requested that the AGM be held within the statutory period.