HC restores housing society chairperson
MUMBAI, June 14 -- The Bombay High Court on Friday set aside a no-confidence resolution passed by the managing committee of a Goregaon East cooperative housing society that had removed its chairperson, holding that a newly inducted committee member was deliberately denied an opportunity to vote.
Justice Sandeep Marne struck down the resolution and a consequential certificate issued by the District Deputy Registrar (DDR), which had declared that Madhuri Nyayadhish stood removed as chairperson of Padmavati Nagar Co-operative Housing Society after a no-confidence motion was passed against her.
The court found that Madhavi Gosavi, who had been inducted as the 10th member of the managing committee, was neither notified nor allowed to participate in the proceedings.
"The meeting was held behind the back of petitioner No. 1 (Gosavi) by deliberately denying her an opportunity to vote," Justice Marne observed.
The court was hearing a joint petition filed by Gosavi and Nyayadhish challenging the resolution adopted at the special meeting chaired by the DDR. The registrar had subsequently certified that the no-confidence motion had been passed with the requisite two-thirds majority, with six of the nine members present voting in favour of it.
Nyayadhish had challenged her removal, while Gosavi contended that she had been unlawfully excluded from the meeting despite being a member of the managing committee and therefore entitled to vote.
The court observed that Gosavi was unlikely to have voted in favour of the no-confidence motion.
In that event, the motion would have secured only six votes in a 10-member committee, falling short of the required two-thirds majority.
The court declared the no-confidence resolution invalid and held that Nyayadhish continues to be the duly elected chairperson....
To read the full article or to get the complete feed from this publication, please
Contact Us.